Akhil Amar v. Volokh Avengers

September 10th, 2012

This week, Akhil Amar is blogging at Volokh about his new book, America’s Unwritten Constitution. In his opening salvo, Amar has laid down the gauntlet, and dedicated one post to addressing/challenging the work of Randy (today), Eugene (tomorrow), David (Wednesday), Ilya (Thursday), and Orin (Friday):

Here’s my plan for the week. Today, I am posting below a long response to Randy Barnett’s long review of my long new book, which my many fans (all four of them!) have been eagerly awaiting for a long time. (It has been seven years since I published my last book, America’s Constitution: A Biography, the prequel to my latest effort.) Tomorrow, I will discuss a few passages of my Unwritten Constitution book that build on Eugene’s work on the history of American freedom of speech — passages that also cast new light on the recent unpleasantness between Richard Posner and Antonin Scalia. On Wednesday, I will reprint the passage of my new book that takes aim at David Bernstein’s recent book onLochner, and expand briefly on my critique of my old friend, David. On Thursday, I will offer a quick corrective to another YLS grad who hangs out on this site, Ilya Somin. On Friday, I will try to outflank Orin Kerr from the right, by summarizing the parts of the book that call for the immediate end to the exclusionary rule.

I almost feel like this is some sort of epic super-hero battle. Amar is waging war against a collection of the academy’s most valiant right-of-center heroes.

I can almost picture Eugene Volokh, acting as Nick Fury (though nowhere near as badass as Samuel L. Jackson) rounding up a group of bloggers to confront Amar. Volokh Avengers Assemble!

Randy is Captain America–It’s Unprecedented! Ilya Somin is the Hulk–the brilliant scientist, but stay away when he gets mad (about the Yankees). David Bernstein is Iron Man, ready to kill with a sarcastic jab. Orin Kerr is Thor, always ready to lay down the hammer of fairness.

As for the lost Volokh Conspirators who did not warrant a post from Amar, I’m sure they can bring the element of surprise.

I’ll have something substantive to say about Amar’s post later, I’m sure. But for now, it’s easier just to laugh.