“Constitution in Exile” a red herring…

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I’ve been trying to follow the Orin Kerr/David Bernstein smackdown of that Jeffrey Rosen article over the weekend, and I have to say, I just don’t get it. Fine, so maybe the “Constitution in Exile” movement isn’t really a “movement”. Who cares!? The core issue at stake here seems to be whether or not there are in fact judges who, if elected to the Supreme Court, will go about actively chipping away at post-New Deal era constitutional doctrine. Is Bush planning to nominate justices who want to gut minimum wage laws, for instance, yes or no? Yes? Or no? The answer here is mostly independent of whether or not such judges are all connected to some shadowy conspiracy being run out of AEI or not, and it’s very unrelated to the question of whether Cass Sunstein is a “moderate” or not.

UPDATE: Okay, I cede the floor to the gentleman from the Decemberist.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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