Posted by Orin Kerr: Attacks on David Ogden: http://volokh.com/archives/archive_2009_02_01-2009_02_07.shtml#1233776525
In the last few days, a number of conservative groups have [1]tried to rally opposition against David Ogden, President Obama's nominee for Deputy Attorney General. In my view, their arguments are simply terrible. For example, at [2]Heritage, Steven Groves notes that in successfully defending an inmate on death row before the U.S. Supreme Court, Ogden argued that the Supreme Court should look to foreign law to interpret the Constitution. Well, of course he made that argument: He had an ethical duty of zealous advocacy on his client's behalf, and he properly made the argument that he thought had the best chance of winning. I don't think the Supreme Court should have agreed with that argument, but that's my problem with the Court, not the lawyer representing his client. References 1. http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=87946 2. http://www.heritage.org/Research/LegalIssues/wm2258.cfm _______________________________________________ Volokh mailing list Volokh@lists.powerblogs.com http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
