Even astute judges can miss familiar partisan entrenchment tactics.

Evidence

Judge Posner, who authored the majority opinion for the Seventh Circuit panel, subsequently came to share the dissenting view. Referencing the “ferocity” of party competition, Judge Posner admitted in an interview that he “wasn’t alert to this kind of trickery, even though it’s age old in the democratic process.” — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 115

Categorization

• CANDY: The famed Posner admitting he ‘wasn’t alert to this kind of trickery, even though it’s age old’ is a striking self-indictment that lands conversationally.
• XREF: connects to: Courts cannot settle what counts as partisan entrenchment without an agreed baseline. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 412

Broader Connections

• Courts cannot settle what counts as partisan entrenchment without an agreed baseline. #expands (0.74) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 412