I haven't read this yet actually - I've only listened to Eli's bloggingheads. Maybe I will write another post after I have. I'd like to write and ask him what he thinks about false positives.
In writing down these book names and authors, like Goldsmith and Suskind, it seems a little dated- Bush stuff. But I think it's actually more relevant than ever because only now do we have our precedent that the policies will go on no matter who wins. What can you possibly say? I do feel a little checkmated. If the D's are in, Times Square happens, they do some muted things and get excoriated, and then gut Miranda. If the R's are in, they just gut Miranda. Okay, so it was the Supreme Court who gutted Miranda (and what about the timing, was it coincidence? It seems like a correlation since Times Square had just happened and Holder had just talked about it. They can bump their timetables around, right? Bush v. Gore could be heard any time you could get the nine of them in a room.)