Judge Feldman tried to draw comfort from the fact that Windsor did not employ the magic phrases “intermediate scrutiny” or “heightened scrutiny.” I would liken that comfort to saying that it’s anybody’s game with two out at the bottom of the ninth inning when the score is 20-0.
In a barbaric legal culture, even conscientious lawyers are likely to find themselves acting a lot like barbarians.
In the global war on terror or, as the Bush Administration likes to call it, the GWOT, the U.S. aspires to the situation of a National League team in interleague play — relaxed rules. This time we consider three aspects of the relaxed GWOT away game we are playing these days: foreign assassinations, extraordinary rendition, and prisoner export.
With good leadership, with Eisenhowers and Roosevelts, young men and women will predictably enlist in acceptable numbers. With bad leadership, the discipline of the enlistment market will act as a check. It would be both foolhardy and morally wrong to remove that check.