Yesterday’s post on empathy and legal ambiguity drew a long string of comments, including many critical, owing in part to my own inarticulateness. Reader Ben Glassman points out a recent Yale Law Journal comment that makes a similar point to what I was trying to make — not exactly the same, but similar — and I thought I would flag the note for interested readers: Frederick Liu, The Supreme Court Appointments Process and the Real Divide Between Liberals and Conservatives, 117 Yale L.J. 1947 (2008).