Wednesday, June 30, 2004

Eugene Volokh Is A Fascist Piece Of Crap

Via Atrios, Jim Henley's take on Herr Volokh.

See also here and here and here.

Brett Marston, in his respectable but, to me, maddening style of even-handedness uber alles, allows that he "suspect[s] that [he] disagrees with Volokh on the significance of the principles themselves", but nonetheless defends Volokh's use of the "50,000" example as a legitimate means of "staking out the ground covered by Supreme Court decisions." While Marston may be correct in this, it's not the point. The point is Volokh's obviously filthy motive in trotting out his defense of authoritarianism -- er, I mean his "example" -- and what, in turn, this advocacy looks like when compared to Volokh's well-known jurisprudential and political ideology: Volokh is being incredibly inconsistent at best; more likely, he's a hypocrite.

The obvious conclusion, one not borne of professional loyalty nor of partisan indulgence is Atrios's:

"I've never really understood why anyone takes Eugene Volokh seriously -- just another oxymoronic libertarian authoritarian. "

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