Bush nominee story

[Levinson]

Mark Tushnet writes:
>		
1.  Do any of those distinguished academic
>colleagues practice law?  (I don't.)  

I suppose the answer depends on what one means by the practice of law.  Some of the distinguished academics I am thinking of certainly write op-ed pieces and the like that offer what can only be called legal advice on the correct meaning of the Constitution.  

2.  I thought that judges were supposed
>to follow the rules -- or, to put it slightly differently, that there was something important 
>in ensuring that those who make the laws are
>subject to them as well.
>			

This strikes me as an important point. It may still be worth noting that the rule may well be a stupid one.

sandy