I got a sneak preview last night when the law school chapter of the American Constitution Society took Wermiel out to Sava's. Highlights from dinner:
- Brennan's selection of Wermiel to write his biography;
- Dahlia Lithwick's Times review criticizing how long it took Wermiel to publish the book, as well as the unintended positive effects the delay had on the final product;
- the decision to include Brennan's wife's struggle with alcoholism in the biography;
- Brennan and Scalia's scholarly opposition about the interpretation of the Eleventh Amendment;
- the lingering possibility of the Roberts court declaring the health care act unconstitutional, even after Comstock, a 2010 decision emphasizing (perhaps strengthening) Congress' power to legislate under the Necessary and Proper Clause; and
- the decline of collegiality on the Court, as evidenced by Justice Roberts shushing Justice Ginsberg in a recent oral argument.
Looking forward to seeing what else Wermiel will talk about.