Cass Sunstein analyzes SCOTUS nominee Samuel Alito's dissenting opinions and concludes:
... it is possible to learn a lot by seeing where a judge dissents from his colleagues. On issues that divide people along political lines, he has rarely been more liberal than his colleagues. But on numerous occasions, he has been more conservative.
Gee, what a surprise. Here we were all expecting President Bush to appoint a judge who was consistently more liberal than his colleagues. After all, Bush campaigned as a liberal promising to appoint judges in the Warren and Brennan mold, right? Anyway, check out Stuart Buck's deconstruction of Sunstein's empirical analysis.
