[lentulusgracchus]

[Art., quoting Sunstein] . "[W]here the Constitution is ambiguous," he writes, "courts do best to attend to long-standing practices, on the ground that those practices reflect the judgments of many people extending over time."

Oh. Like segregation and Jim Crow. I see. </s>

[goldstategop]

A line of argument an old school Southern Democrat would have no problem with. Sunstein doesn’t see the irony in his defense of stare decisis.