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Jeffrey Toobin's slam on John Roberts

Claims the star legal writer at The New Yorker, "In every major case since he became the nation's seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff." Yesterday, before the cameras, Sen. Sheldon Whitehouse (D-R.I.) repeated that line, and he was by no means the first politician to do so. But the charge is "simply untrue", writes Carissa Hessick at Prawfsblawg, citing the key sentencing decisions Kimbrough and Gall. And a commenter adds the Confrontation Clause case of Giles v. California, where Roberts was a member of a 6-3 majority ruling against prosecutors.

P.S. Mickey Kaus has made something of a specialty of Toobin fact-checking over the years, but it's evidently too big a job for one person. And Jonathan Adler's diplomatically worded critique last month adduced other cases that belie Toobin's "which side are you on?" caricature, including Rapanos, Heller, and a pair of campaign finance cases.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.