SharksWithLasers -- Seth Cooper

A CUTTING-EDGE BLOG FOR THE WORLD OF THE 21st CENTURY, Currently operated by Seth L. Cooper, a 27 year-old attorney in Seattle (sethlcooper at comcast dot net)

Monday, July 18, 2005

SUPREME COURT ROUNDUP #4.

1. As everyone now knows, the Chief is staying on for now. Yesssss... Firstly, Chief Justice Rehnquist has served honorably on the Supreme Court. But this development is also beneficial insofar as it concerns the dynamics of the confirmation process. Pepperdine Law Professor Douglas Kmiec put it well last Friday in an NRO article titled "Delay is Good":

...it lessens what was becoming all too apparent — that every factor in the nomination process was going to use multiple vacancies to politically horse-trade to the ultimate disadvantage of the integrity of the Court. With a single vacancy, it is now possible for president and Senate alike to assess the individual merits of an appointment, without succumbing to the powerful pressures of interest groups which would have sought to balance the "ticket," at the cost of merit.


2. The Wall Street Journal editors oppose the nomination of Souters, finding irony in the possible nomination of Judge Jones. Tuesday's editorial at Opinion Journal--"No More Souters"--makes the important point that nominees who take a seat on the Court without a clear and confident jurisprudence have historically followed the whims and trends of left-leaning elitist thinking. It goes without saying that the Journal editors' are calling for sound like the people with "deeply held beliefs" that Sen. Chuck Schumer & Co. constantly decry. The editorial notes that President George H.W. Bush almost nominated Judge Edith Jones of the Fifth Circuit instead of now-Justice David Souter. Heh. I have heard this many times before. It would be most intriguing if Judge Jones were to get the nod by President George W. Bush. In any case, the end of the editorial contains a prescient observation that should be kept in mind throught the entire nomination build-up and confirmation process:

Most Senate Democrats are likely to fight any conservative nominee, no matter how distinguished, because they recall that after defeating two of Nixon's nominees (Haynsworth and Carswell) they got Blackmun, and after stopping Judge Bork and Douglas Ginsburg, they got Justice Kennedy. Mr. Bush probably can't avoid a fight unless he abandons the voters who elected him.


3. There is even more talk about Judge Jones today at Confirm Them. This blog has become a frequent visit and I continue to recommend it.

4. Jordan Cunningham once again makes a persuasive case for Judge Emilio Garza. In the process, he sticks up for Attorney General Gonzales with some excellent points. The post is from Saturay at Democracy Market--which now occupies a spot on my blogroll.

(North Seattle--Green Lake, WA)

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