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View Diary: Pam Karlan for SCOTUS: worth going to the mattresses over (61 comments)

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  •  How come..... (3+ / 0-)
    Recommended by:
    JR, DianeNYS, ahyums

    ...George Bush got Alito and Roberts and we can't get a liberal to replace a liberal?  

    •  Because Bush was willing to fight for them. (3+ / 0-)
      Recommended by:
      SaveDemocracy, RenMin, ahyums

      Alito is far, far more conservative than O'Connor.  Roberts is far, far more corporatist than Rehnquist ever was.

      But Bush was willing to push those nominations because he knew the value to his legacy that getting them on the Bench would bring (an especially important consideration after the Miers fiasco, where a nominee with no clear ideology except lovin' Dubya was roundly rejected by both sides).

      This is a lifetime appointment to the highest of high courts.  Nominees should not only reflect the Presidents who name them, but also the competing legal philosophies of the day, and I think "Constitutional fidelity"--Karlan, Liu and Schroeder's espoused philosophy--is deserving of a spot.

      It's almost impossible to imagine these days that there once was a Court with Thurgood Marshall, Billy Brennan, Abe Fortas, and Earl Warren all sitting together.  I don't think we remember well enough the importance of the dissents of the triumverate of Brennan-Marshall-Blackmun. I think Ginsberg, Sotomayor and Karlan could become a similarly legendary grouping, and if they're ever a majority bloc*, the very shape of American law will change.

      (* - which they never will be, because a Karlan appointment just isn't in the cards)

      "When those windmills start to chop people up, tilting at them may not only be rational, but may become a necessity." -arodb

      by JR on Thu Apr 15, 2010 at 08:12:22 AM PDT

      [ Parent ]

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