Legal Commentary

Surpassingly Curious

By David Bernstein

Washington Times:

White House officials said that sort of ?surpassingly curious reading? called into question Judge Vinson?s entire ruling.

?There?s something thoroughly odd and unconventional about the analysis,? said a White House official who briefed reporters late Monday afternoon, speaking on condition of anonymity.

Hmm. I think it?s a bit curious that the White House would send an ?anonymous? official to criticize the ruling of an Article III judge, and surpassingly curious that a gaggle of reporters would agree to respect the aide?s anonymity in exchange for the ?anonymous? quotes.
Shouldn?t the reporters either tell the official to go on the record, or refuse to take part in a ?briefing? that amounts to simply a colorful attack on an unfavorable opinion?

Full post as published by The Volokh Conspiracy on January 31, 2011 (boomark / email).