Monday, April 05, 2010

I added this to the last post but I'll repeat it here:
Orin Kerr in 2007:
"I haven't studied the legal issues surrounding waterboarding closely enough to have an educated opinion about them."
Some would see this response as based on intellectual humility, but pedants aren't humble and they aren't serious, intellectually or morally. Kerr says he approaches issues as a legal positivist, but he's a practitioner of shallow formalism.
He's a Borgesian reactionary.