In today’s Wall Street Journal, our friend Richard Epstein makes an insightful argument that Supreme Court decisions often come down to nothing more than whether a group of justices trusts a particular government official or office. In the recent Guantanamo case, the liberals just don’t trust the president, so he loses. But in the Rapanos case (which involves the filling in of some “wetlands”), the same bunch decided that they trust the Army Corps of Engineers. Never mind the actual language of the law.
You can read Epstein’s excellent column here.
