Do yourself a favor and skip Jeff Toobin’s most recent essay in the New Yorker. He argues argues that because Justice Thomas doesn’t participate in oral arguments, he is embarrassing the Court. It is beyond ridiculous. Will Baude notes that it is “near-libelous.” Damon Root counters that Toobin’s arguments don’t even stand on their own weight as Thomas is often engaged during oral arguments–sometimes suggesting questions for Justice Breyer–even if silent.
Why does anyone who takes the Court seriously bother reading Toobin’s recent work? I’ve found myself extremely disappointed with everything he has written of late. It is heavy on invective and light on insight. A recent piece he wrote was behind the paywall, and I didn’t even bother trying to read a summary of it.
How he has fallen since The Nine.
Update: At least Jeff still has a sense of humor. A zen *moment of silence* would be appropriate.
— Jeffrey Toobin (@JeffreyToobin) February 22, 2014