More Reflections on Collyvornia

I always thought that Thomas, Scalia, and Rhenquist had the soundest basis for intervening in Florida's recount process: the US Code is quite clear that you can't change the rules in the middle of the game. The whole equal protection racket seemed to me to be extraneous, but evidently necessary to keep 4 other justices on board. If those four justices were more crunchy and less soggy, we wouldn't have these problems.

On Hewitt's show, by the way, John Eastman, in his debate with Earnest Irwin Chemerinsky, (c'mon, he may be nice enough in person, but when he talks he sounds like he lecturing a 3-year-old on something that should be juuuuust so paaaaainfully aaahbvious), pointed out that since O'Connor is in Bahrain, evidently looking for ever-more-exotic sources for American jurisprudence, Scalia gets first crack at whether or not to send it on to the full Court. Cool.