dubitante

The only thing worth mentioning about Fish's piece - since others have brought it up - is that it's surprising that he either doesn't understand dubitante or ignores the difference between intent, purpose, and semantic meaning - intentionalism ≠ purposivism ≠ originalism.

Eugene Volokh and Jack Rakove debate Heller. Ann Althouse 2008

Even pretending that the economy actually sucks (which it doesn't) and assuming (dubitante) that McCain advances "4 more years of the same," the question isn't whether we think four more years of the same, the question is whether four more years of the same is better or worse than four years of what Obama offers.

"Mr. McCain hungers for information. He can regularly be seen reading newspapers from cover to cover..." Ann Althouse 2008

Even accepting your framing of it, dubitante, McCain's difficulty in choosing a veep was that he had to hit a lot of targets with one shot, one of which was unifying the party behind him and injecting some morale and momentum.

If there is an Obama landslide, how will the GOP retool? Ann Althouse 2008

Not only does he advocate that it be overruled (approved method of judicial decisionmaking), but he refuses to apply the law because he thinks it was wrongly decided (i.e., he dissents, instead of concurring “dubitante”).

The Volokh Conspiracy » Conservative bleg: 2007

Even assuming that "Bush lied," dubitante, that wasn't the worst mistake the administration made during this conflict, and it isn't relevant to the rightness of the mission.

"We wanted the Democrats to know they're back in power because of the grass roots." Ann Althouse 2007

That is unmistakably at odds with the statute, even if, dubitante, it really is the holding of Bazemore.

"Pay is a complicated thing." Ann Althouse 2006

Even assuming, dubitante, that voters are voting for parties rather than people, the people of South Dakota spoke to which party they wanted to control the Senate in 2002 by sending Tim Johnson there; but they spoke again as to which party they wanted to control the Senate but two years later, when they defeated Johnson's fellow Democrat, Tom Daschle, and sent a Republican, John Thune, there.

"There isn't a thing that's changed." Ann Althouse 2006

Although I’m still dubitante about chicken gizzards…

Firedoglake » Sunday Talking Head Thread 2006