In response to:

Cleaning Up After Ruth Bader Ginsburg

kenneth416 Wrote: Nov 26, 2012 11:54 AM
Why blame Justice Ginsberg? I do not know the case, but, presumably, Justice Ginsberg was joined by at least 4 other Justices (perhaps more). Further, an appeals court, of which the Supreme Court is the highest, must rely on the record made in the case. If there were misrepresentation by one party or the other, then it is the responsibility of the Trial Judge to ferret out the facts (hopefully ably assisted by the opposing attornies). Actions subsequently taken by Colleges and Universities based on this case are beyond the pervue of the Supreme Court. Having said all this, I look forward to Justice Ginsberg's leaving the Court at an early date.

Of all the sloppy and confused decisions rendered by the Supreme Court in recent years, few compare with CLS v. Martinez (2010). The decision was more than just poorly reasoned. It was also based upon willful blindness toward factual misrepresentations by the defendants in the case. Justice Ginsburg authored an opinion she knew she could arrive at only by pretending to believe facts she knew were not true.

Greg Lukianoff, president of the Foundation for Individual Rights in Education, or FIRE, offers a good critique of the decision in his new book, Unlearning Liberty. I write about it today...