Cass Sunstein

Cass Sunstein

The campaign against Sunstein has largely written itself. One of the most regularly cited legal scholars, the author, co-author, or editor of dozens of books -- two of them published since he was nominated to run OIRA -- Sunstein has left a trail of theoretical writings and speeches that have provided plenty of ammo for conservative opponents.

StopSunstein.com, a Website launched in February by the American Conservative Union, is festooned with out-of-context quotes ("We ought to ban hunting") and fake newspaper headlines written as if Sunstein's opinions had become law -- "Guns Banned!" and "FCC Pulls Plug on Limbaugh!" Much of the damaging material comes from "Nudge," a thoughtful 2007 book Sunstein wrote with the University of Chicago's Richard Thaler, which investigates the possibilities for "libertarian paternalism," not government control, to encourage good behavior.

This, for example, is where the conservative CNSNews.com drew its damaging allegation headlined "Obama Regulation Czar Advocated Removing People's Organs Without Explicit Consent." All of this has proven confusing and frustrating to Sunstein's conservative and libertarian admirers -- some of whom were outspoken opponents of Jones, and opponents of the "czars" who, unlike Sunstein, do not need to be confirmed by the Senate.