De Croy on Estrada

Philippe de Croy explains the link between Bush v. Gore and the Estrada filibuster.

De Croy also makes the reasonable point that handing over to the Senate the memos Estrada wrote in the Solicitor General’s office would influence the behavior of current and future SG staff by having them “looking over their shoulders.” But does anyone doubt that the reputation for unbending conservatism (as well as talent) that Estrada earned in the SG’s office had something to do with his subsequent career opportunities, including his current nomination? If, as seems plausible, Estrada was already thinking about assuming judicial robes when he was a Deputy SG, then he should already have been giving due consideration to the impact of what he wrote on his future. The only question is whether he, and his contemporary equivalents, need to look over their left shoulders as well as their right shoulders.

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: