28 June 2004

Before continuing to Part III, I note that the "child access to porn" decision should be released tomorrow, as should the fifty-seventh (or so) substantive decision in Álvarez-Machain, which has already directly or indirectly had three previous considerations by the Court. This promises to be more than moderately disheartening; I have found much to criticize in every last-day-of-Term First Amendment decision issued since Sullivan, and Álvarez-Machain is the epitome of legal fiction—in the sense of Bleak House.