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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Wednesday, January 11, 2006 ::
    Schumer wants to know: "what was your state of mind" when you included Concerned Alumni of Princeton among the groups you listed on your 1985 application for a political position in the Reagan Administration?

    Duh, duh, and double duh.

    Alito got the answer right, but perhaps not the framework. He mentioned that he had listed his political donations but not his charitable donations, and trusted observers to understand the analogy. He is too confident in the intellectual honesty of his opponents.

    I suggest he put it this way: Senator, at the time I applied for that job, my resume was strong on the technical-legal side, but weak on the political side. As the job was a political one, this was a problem. Those looking at my record could see Princeton yadda yadda yadda, Yale Law yadda yadda yadda, law review yadda yadda yadda, clerkship yadda yadda yadda, but they wouldn't have any reason to think I supported the political platform of their Administration unless I gave them some reason to think so. That was why I listed every conservative association I could plausibly claim, rather than listing every organization I am or ever have been a member of.

    Do you see now, Senator? That application wasn't a xanga where the idea is to express everything most important to you. It was an occasion to compensate for a relative weakness in my resume, in pursuit of a job where that weakness was a potential problem.

    :: David M. Wagner 5:24 PM [+] ::

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