Legal Commentary

In a previous post, I speculated briefly about the nature and strength of "progressive" legal theory, and the absence of any powerful "counter-progressive" alternatives.  But I noticed the following line in Dahlia Lithwick's review of the recent biography of Justice Brennan by Seth Stern and Stephen Wermiel, in a section where Lithwick assures the reader that this book is no hagiography: 

"Anyone who wants their liberal heroes to hold bone-deep progressive views will be frustrated by a Brennan who hated pornography but ruled it was permissible, and disapproved of abortion but protected it."

I had not realized that progressives were full-bloodedly committed to the wondrous virtues of pornography and abortion -- not just that they deserve constitutional protection, but that they are "bone-deep" foundational goods.  Ahhh, pornography.  Perhaps this is something about which counter-Progressives will want to reflect.