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When The Obvious Needs Restating

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Oh, and to add to what Matt says here one interesting thing about the panel is that Rosen immediately conceded that while the quality of legal craftsmanship may be normatively important it has no impact on the public’s perception of the courts. This is empirically demonstrable — see Terri Peretti, for example — and it’s also common sense. Given that almost nobody without a professional obligation to do so reads judicial opinions, it’s highly implausible to claim there will be a public backlash to the courts if their reasoning isn’t good enough.

It’s also worth noting that while the public supports the ruling upholding the idiotic “partial birth” legislation, it supports it by less of a margin that it supports the legislation in the first instance, which is precisely the opposite of what the backlash theory would predict.

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