Ed Whelan charges the New Yorker’s Jeffrey Toobin with spinning the history of the First Amendment campaign regulation case [first, second, followup] Tom Goldstein at SCOTUSBlog, while sympathetic to Toobin’s overall project, also takes issue with him at numerous points. More: Adam White, Weekly Standard; Sam Bagenstos (what is supposed to have been so devious about Roberts’ handling of the case?); Howard Wasserman (why does Citizens United get singled out for demonization from among the several Court opinions pointing the same way?).
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[…] side because a government lawyer was imprudently candid before the Court [Jacob Sullum, earlier on Toobin New Yorker piece] […]