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Friday, October 16, 2009

"Althouse is probably live-blogging my remarks. I hope so."

Says lawprof Barry Friedman — in the middle of responding to the comments about his book "The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution" here at the symposium.

There's a lot of talk about puppies. Professor Jenna Bednar, a few minutes ago, said, characterizing the message of Barry's big book: "The Court is the People's puppy and the people hold it firmly by the leash." How does the Court feel that leash? That's a question. Can you answer it? The Court doesn't just do its own thing and say whatever the hell the law is. It must interact with public opinion and things evolve accordingly.

Another metaphor is marriage, which Barry quips he's an expert on because he's had 2.

He says: "Any good marriage requires confrontation." This has something to do with the Supreme Court. I'm sure you can extrapolate.

But in a marriage that works — which includes, presumably, his 2d — you derive the unspoken rules about what you can do without having to have a whole fight about it. He recites a list of things you can possibly do and get away with.

The only one I remember is coming in drunk at 2 a.m. with no explanation. One reason I can't remember anything else on his list was that I got distracted by how similar it was to something Andre Gregory says in "My Dinner With Andre":
You see, that's why I think that people have affairs. Well, I mean, you know, in the theater, if you get good reviews, you feel for a moment that you've got your hands on something. You know what I mean? I mean it's a good feeling. But then that feeling goes quite quickly. And once again you don't know quite what you should do next. What'll happen? Well, have an affair and up to a certain point you can really feel that you're on firm ground. You know, there's a sexual conquest to be made, there are different questions: does she enjoy the ears being nibbled, how intensely can you talk about Schopenhauer in some elegant French restaurant. Whatever nonsense it is. It's all, I think, to give you the semblance that there's firm earth.
But, Althouse, are you live-blogging my remarks?

Yes, yes, because I'm the one who says what blogging is... subject to the leash-tugging of traffic, linkage, and the commentariat.

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