Re: [OpenHeroQuest] RE: Bork/Judicial Appointments

From: Andrew Solovay <asolovay_at_sABTG_iHdmhvtxxVoXyccgZoiuYsZe3PCsxGgew06jAsKt94GsevD6iGQOncSXPjKTL>
Date: Wed, 15 Oct 2003 15:37:08 -0700


I'm mostly staying out of this. But I'll just say...

Andrew J. Weill <aweill_at_3iUScy5fNT3QJCCsueBw0j96Z1r0KKRZmO7WsBnSb_7GQxHiMa_md2yuQnUfJ9MgM8cV_1SqMISuLBev.yahoo.invalid> wrote:

>

> But Scalia's appointment counters your argument. He was approved
> despite the considerable ideological differences between him and the
> centrist Democrats.

Regardless of whether judicial confirmations *should* consider ideology, I think it's clear that the Senate likes to pretend that they don't consider ideology, only competence and temperament. It's a thin pretence, but the pretence is still there now, and was stronger back in the 80s.

So Scalia isn't really a counterexample. While his ideology is strong, he didn't really hand the Senate a "temperament" club to beat him with.

Also, I believe Chris's argument is that the Bork confirmation *was a turning point*. Pointing to an earlier staunch conservative who was confirmed doesn't really address that, since the Scalia confirmation occurred before the "turning point" in question.

Now. How 'bout those Puma People?            

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