prior probability

If you are looking for more evidence that so-called “judicial conservatives” are every bit as politically-motivated and results-oriented as “judicial liberals,” then look no further to Randy Barnett, a professor of constitutional law at Georgetown University. In a recent blog post [*] at the Volokh Conspiracy (one of the best blogs about law, by the way), Professor Barnett belittles the political process, argues that administrative agencies are both unresponsive and unaccountable to private citizens, and then poses a rhetorical question (lawyers and law professors just love rhetorical questions, since it’s so much easier to smuggle your normative conclusions into your factual premises than be intellectually honest): “So tell me a story about how an individual denied the right to braid hair without an expensive and time consuming cosmetology license can get her right [to do business] vindicated in ‘the legislative process.‘” (Note the unintended irony in this question: you also need a license to be a lawyer, after all.) Continue reading →