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Is the citation of Friedrich Hayek and his The Road to Serfdom a disqualifying condition for sitting on the Federal Bench? Professor Bainbridge wants to know -- in a proper fisking of Prof. Michael Froomkin, who has read Justice Brown right out of America on the basis of a speech which cites Dr. Hayek. Professor Bainbridge goes on to note:

if some of Justice Brown's opponents knew more conservatives, they might realize that her views are not that far from the middle of American political culture as a whole

Read the whole thing, as they say. (via Calblog)

UPDATE: Professor Bainbridge fisks again -- same Brown speech, new Bainbridge victim.