Recently I've avoided writing anything serious about torture — or the ongoing revelations about the Administration's vivisection of the Constitution — because it is just overwhelmingly depressing and I can't find the right words to express how awful it is.
And because Congress remains basically supine. Which is also depressing.
And because the press is still treating most of these scandals as one-day stories on page 23. Which is also depressing.
But even in this fog of despond, I have to draw your attention to Marty Lederman's excessively fine post today, “The Underdeveloped Jurisprudence of the Forcing/Pouring Distinction”.