Judge Anna Diggs Taylor again, again at PowerLine, this time as “judge-shopper” in the 1998 U. of Michigan law school affirmative action case, from which she recused herself because married to a U Mich regent. The lady is incorrigible, though U Chi Law’s Geoffrey R. Stone praised her “courage” for holding “unlawful a program that the president of the United States asserts is essential to national security.”
He offers his own arguments why the NSA listening is unconstitutional without quoting her opinion, which has been picked apart by PowerLine lawyers and others. He is vastly impressed, again, by the “courage” she showed in Mississippi in 1964, when as a young lawyer she confronted white-seg cops. He is not impressed by the conflict of interest argument — she’s an ACLU supporter, ACLU brought the case. But, again, he has nothing to say about her argument as legally respectable, which PowerLine’s people say it isn’t.