Ramesh Ponnuru and Tom Goldstein continue to duke it out over whether Larry Tribe presented a fictional account of his argument in the Richmond Newspapers case. There’s even a new blog (well, kinda) for the exchange.
Here’s the rundown:
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Ponnuru’s article on Tribe;
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Goldstein’s initial post on SCOTUSBlog;
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Ponnuru’s initial response in The Corner;
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Goldstein rejoinder A (in comments to initial post);
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Goldstein rejoinder B (9-page PDF file);
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Ponnuru response.
For those wanting even more, here’s a link to Tribe’s brief in Richmond Newspapers and here’s a link to his allegedly fictional Green Bag article.
On whether there is any connection between Ponnuru’s attack on Tribe and looming Supreme Court confirmation battles, a reader e-mail prompts me to offer this thought: There is no doubt that some on the Right have it out for Tribe due to his role in scuttling the 1987 nomination of then-Judge Robert Bork to the Supreme Court. That fight was extremely bitter, and some on the Right have never forgiven those who, in their view, were instrumental in defeating Bork’s nomination.
In a related vein, I have often heard that one reason Walter Dellinger was never confirmed by the Senate as Solicitor General — and served his time as “acting” SG — was because his role in opposing Bork. I cannot verify the claim, but it would be further evidence that the scars from prior nomination battles run deep.
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