Published and Effective: Another View
In an interview with Fox Cable News this morning, reporter Mike Tobin asked me if what we were seeing in Wisconsin was “lots of politics and little law.” While I began my answer in disagreement, I concluded by saying there was a sense in which he was right. The heat generated by the budget repair bill has caused people to behave in ways that are unusual and without substantial precedent. For a profession that often relies on precedent to resolve textual ambiguities and conflicts, this creates not inconsiderable difficulty.
My own view on whether the budget repair bill is different than that offered by Professor Fallone. My best answer is that it is “probably” in effect. Here’s why.