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October 13, 2005

What Did You Expect?

Mike Tennant wrote of how he is amazed by the hypocrisy and cynicism of the SCOTUS confirmation process.

Ah, Mike what did you expect? What worked for one vacancy won't necessarily work again. Especially since on the ideological scoreboard Roberts = Rehnquist. A zero sum replacement that presumably changes nothing. Harriet Miers is a whole 'nother thing.

The confirmation process is now more partisan and ideological than ever before in modern history. Further, starting with the Warren Court of the 1960's the federal courts are now the ultimate arbitrators of every single aspect of American society too.

Unless something changes the legal scholars, expert trial lawyers, experienced judges, and people of private sector accomplishment will not be "confirmable". And so we end up with this situation.

I’d suggest structural reform to remedy this, but my heart's just not in it. I hope Leviathan does collapse right along with its tyrannical and obsolete legal infrastructure.

Posted by Ali Massoud at October 13, 2005 04:52 PM

Comments

Just to be clear here: I am not personally amazed or shocked by any of this. I was merely quoting Rich Lowry of National Review on the subject. I'm well aware of much of this, but it's nice to see that the "official" right is catching on.

Your points are still well taken, though.

Posted by: Mike Tennant [TypeKey Profile Page] at October 14, 2005 08:39 AM

Mike,

I am glad you clarified that issue. I was thinking that you took Lowery's criticism seriously. He isn't against Miers for the stated reasons: He opposes her because she isn't a rabid right-wing ideologue who will rule predictably on all cases like Rehnquist did and Thomas and Scalia do.

The Right doesn't oppose activist courts when they actively support their pet issues.
Ali

Posted by: Ali_Massoud [TypeKey Profile Page] at October 15, 2005 10:26 AM

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