October 10, 2005

IS CONSTITUTIONAL LAW HARD? Orin Kerr responds to Hugh Hewitt.

I think it's hard if you do it right. As I noted a while back in the Columbia Law Review, if even simple systems with clear rules can produce unpredictable results, we shouldn't be surprised that constitutional law is complex and sometimes unpredictable. Certainly Justice Scalia seems to agree!

Some related thoughts on this can be found here and here.