The new Bryant is as meta as ever—more a concept than a human being.
One of the most remarked-upon aspects of the upcoming Supreme Court challenge to California’s gay-marriage ban is the odd couple leading the charge: Ted Olson and David Boies, the conservative and liberal superlawyers who squared off in 2000 in Bush v. Gore. Much less is known, however, about the old friendship between Olson and their opponent in this case, Charles Cooper, one of the many lawyers who helped Olson on Bush v. Gore. Cooper and Olson are both part of Washington’s tiny tribe of top-flight conservative litigators. Given their similar resumes, it is odd to find them on opposite sides of one of the most politically contentious Supreme Court cases of the 21st century. When Olson and Cooper face off before the court in late March, they’ll not only be debating gay rights, but the nature of conservatism itself.Cooper, known in Washington as “Chuck,” is from Alabama, and he’s best known for his starched French-cuffed shirts and genteel southern formality. His way of speaking, once described by Washington Post columnist Mary McGrory as “Victorian copy book prose,” can come across as impressive or a little unctuous, depending on the listener. If Olson, who also has a flair for oral arguments, is the lawyer who argues before the court this spring, he and Cooper will be evenly matched.
An Idaho woman could change the course of American abortion law.
Jennie Linn McCormack took pills to end her pregnancy and hid the fetus under her bed. Her case could change the course of abortion law in America.
Lincoln’s Code: The Laws of War in American HistoryBy John Fabian Witt (Free Press, 498 pp., $32) WAR IS ABOUT killing, maiming, and destroying. Yet in its midst men have sought heroism not only in savage acts of bravery but also in observing limits, in finding a way to affirm their and their adversaries’ common humanity, in the concept of honor as a higher expression of morality than is attainable even in peace.
The Supreme Court has announced it will look at two gay marriage cases. Chris Matthews feels a thrill running up his leg. Shivers are probably the right response. But not necessarily the Matthews kind. The Court’s consideration of the sweeping challenge to California’s Proposition 8 raises the odds that the Supreme Court strategy may backfire—a risk that the modest challenge to the Defense of Marriage Act was likely to avoid.