November 04, 2005

Following up on her excellent earlier posts, Ann Althouse takes Nathan Newman across her knee and spanks him soundly for proposing that opponents demagogue Alito's opinion in Chittister, the FMLA constitutionality case (more from her). At NRO "Bench Memos", Edward Whelan says that the position Alito took on the scope of the FMLA was shared by the overwhelming majority of the appeals judges who considered the issue before it reached the Supreme Court in Hibbs, including such highly regarded Democratic appointees as Richard Arnold, Amalya Kearse and Jose Cabranes. And here's Prof. Suzanna Sherry in the Conglomerate comments section.