It’s getting pretty silly. After Steven Calabresi wrote a defense of Giuliani, Douglas Kmiec countered with another piece taking Romney’s side. But Kmiec’s argument is rather childish, because he selectively cites liberal opponents of the veto and conservative supporters of it to reach the conclusion:
Most conservatives will have no trouble figuring out that one.
The problem with Kmiec’s guilt by association line of argument is that it can easily be turned right back at him. Scalia may have dissented, but he joined Breyer’s dissent, while Thomas and Rehnquist concurred with Stevens’s majority opinion. Furthermore, in Congress, Ted Kennedy was one of the supporters of a line-item veto.
So, I guess the voters have to choose up sides: Rudy, Thomas, and Rehnquist; or Mitt, Breyer, and Kennedy.
