Jeffrey Toobin on recess appointments

Don’t the New Yorker’s readers deserve a better law analyst than Jeffrey Toobin? In his rant against the Canning decision, notes Ed Whelan, “Toobin asserts that there has never before been a ‘legal challenge’ to the scope of a president’s authority to make recess appointments. Somehow he missed the Eleventh Circuit’s ruling in 2004 — highlighted prominently in the D.C. Circuit opinion — in which liberal law professor Laurence Tribe and others challenged one of President Bush’s recess appointments.” [“Bench Memos“]

P.S. Mike Rappaport on another datum omitted by Toobin amid his fevered charges of judicial partisanship: “Prior to Judge Sentelle’s decision, the only judicial opinion to adopt the same position was written by liberal 11th Circuit Judge Rosemary Barkett, following a brief filed for Ted Kennedy by liberal Marty Lederman.”


  • He also missed the fact that many practices go on for years unchallenged until somebody revs up some lawyers and challenges them. It doesn’t make the initial challenge any less legitimate.

    You’d think they’d have taught Mr. Toobin that in law school. Just what low grade law school did he attend, anyway?

  • I’m available, New Yorker.