The Times has an interactive poll that supposedly matches up one's opinions with the Supreme Court's, but, remarkably, every single question misrepresents the issues in front of the court. For example, it poses the question of Heller as "In general, do you agree or disagree that an individual should have a right to have a registered handgun at home?" But that's not the question the Court was confronted with: the Court decided whether the Constitution protects such a right. There's no "should" about it. By treating the judicial branch as a superlegislature making policy decisions divorced from legal considerations, the Times assumes that all judges are judicial activists.
NY Times poll shows fundamental misunderstanding of the judiciary
- The Boston bombers and our immigration sieve
- Chevron-Ecuador and Steven Donziger update
- Again with the myth of the "pro-business" court
- What media bias? National Magazine Award division
- Mac Donald on stop-and-frisk trial
- Ezra Klein unfair to Scalia
- On WNYC today to discuss line sitters and the Supreme Court
- Ledbetter again
- What the frack?
- New Podcast on "The Naked Constitution"
- Terrance Williams, murderer, in the New York Times
- A mixed bag, but ultimately an activist decision
- What media bias? Scalia Derangement Syndrome edition
- The ABA Journal's historical revisionism
- NYC lawsuit payouts: $560M in 2011