dude: of course Obama is nuanced like that. If he’d argued any other way at Chicago Law, he’d have woken up in bed next to a bloody copy of some Posner text. If he was lucky. If he was unlucky, he’d wake up in bed next to bloody copies of all the Posner texts.
(Slighly more seriously, someone makes the same point when discussing the supposed Obama ‘waffle’ on Iraq.)