Eric Muller engages in a little forensic scholarship, and digs up Harriet Miers’s law review note from 1968.
There just might be a little quote in there to give conservatives heartburn. (Understood in context I think it’s a quite reasonable position consistent with traditional federalism, but it certainly isn’t a quote that screams judicial restraint.)
In all seriousness, and completely without snark: Professor, what leads you to believe that conservatives have ever truly been in favor of judicial restraint?
Er…..Alexander Bickel?
The exception that proves the rule.