Friday, September 29, 2006

"Libertarian" Law Professors: Evaluating Unchecked Executive Power to Torture is Haaaard!

If I recall correctly, a few years back, Barbie(TM) was subject to an enormous amount of criticism for suggesting that math is hard. I always thought this unfair. The Pithlord is not afraid to admit that he sometimes finds topology and complex analysis a bit counter-intuitive, and he doesn't see why a blonde plastic doll shouldn't be allowed to exchange her frank views on the subject with her admirers -- many of whom, I suspect, agreed with her.

But the Pithlord is a bit dismayed that the brilliant "libertarian" legal minds at the Volokh Conspiracy think that the issues raised in the Military Commissions Bill are beyond their ken.

In this post Orin Kerr, an expert in privacy and search law, modestly expresses "an appropriate awareness of [his] limitations." This modesty, however becoming, seems inappropriate. Kerr obviously has strong views about how much judicial scrutiny should be given to entering people's houses, tapping their phones and so on. Complicated stuff, but I bet the answer is more than none.

Eugene Volokh exceeds even Professor Kerr in modesty. Volokh is a highly-regarded free speech expert, if a bit absolutist for my taste. Apparently, the complete absence of judicial supervision of executive detainment and interrogation is too tricky for his intellect.


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