Judicial Nominations Are Bipartisan No More ; Republicans Should Match Democrats in Fighting for Their Principles

Summary


A few days ago, the doyen of the Supreme Court, liberal Justice John Paul Stevens, announced his impending retirement. Most likely, President Obama will nominate, as he did in the case of Sonia Sotomayor, a judge who hews to an activist judicial philosophy.

This is one that gives decisive weight, where statutory clarity may be lacking, to "what is in the judge's heart" - as then-Sen. Obama put it in 2005 when he was one of just 22 senators to oppose President George W. Bush's nomination of John G. Roberts Jr. as chief justice.

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Judicial Nominations Are Bipartisan No More ; Republicans Should Match Democrats in Fighting for Their Principles

Oliver Wendell Holmes once said he often had given judgment in favor of claimants whose cause he deplored, as well as against those whose cause he favored. That's what judges upholding the law need to be able to do. Yet conservat...

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