Things to Read This Week (12/1)
Trevor McFadden & Vetan Kapoor, A Response to the Foreshadow Docket — a short essay defending the precedential value of Supreme Court interim orders, responding to the piece by Bert Huang and also following up on a valuable earlier piece from the authors.
Jack Goldsmith, A Dishonorable Strike (“Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder . . . And surely the warrior ethos, whatever else it means, doesn’t require killing helpless men clinging to the burning wreckage of a blown-up boat.”)
Adam Unikowsky, Inverse Critical Race Theory, analyzing the Texas redistricting decision from two weeks ago. Adam comes down leaning heavily on the clear error standard of review for factual findings in the Supreme Court. Adam’s analysis is excellent as always, and maybe this is the right place to come down. But it doesn’t mean that the three-judge district court decision was correct, and indeed Judge Smith’s dissent may well have a more plausible account of the facts (though I think that would have come through much more forcefully if he had published a 2-4 page dissent instead of 100).
