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SCOTUS Nomination Abonimation Revelation

In case anyone out there missed it, John Derbyshire on NRO’s Corner has encapsulated with careless genius the core issue facing this country as we pass through the nomination/confirmation funhouse.

“When I first came to this country, I assumed that the nine justices of the Supreme Court were taken from the absolute cream of their profession, the very best legal and constitutional brains the U.S. had to offer. Then a kind legal friend, who had actually had some dealings with the Justices, took me aside and gently explained that they are much more often mediocrities from the bulge of the bell curve, chosen to give the least possible offense to the least number of loud factions, or because, never having had an original or interesting thought in their lives, they had never made anyone angry by forcing him into the unpleasant and painful business of thinking.”

This is why an unprincipled subjective hack like O’Connor ended up on the Court and Robert Bork was shown the door. As the imperial Court has breached the walls of Congress and misappropriated political power, what the justices decree has become more and more important. The Senate’s angst is caused by knowing that they are confirming their own sovereign masters, and the subordinate Senate has not always been treated well.

So it is no surprise that the most important attributes an aspiring Supreme Court justice can have are to be uninspiring, unremarkable and, hopefully, unknown. Of course, that simply increases the chances of a nominee drifting from the principles held dear by the President and Senate majority that installed him or her.

We shall know soon if President Bush and Senate Republicans are serious about restoring honor to the Court by once again anchoring it to principled jurisprudence. Already we are hearing names that aren’t ringing any bells, and now there are rumors (overheard at RedState.org) that a third justice, Stevens, may ride off into the sunset. The only way an allegedly conservative President could fail to effectively realign the Supreme Court after naming three new justices in a second term would be if he settles for dim bulbs with no history of enunciating strong principles, low wattage jurists pleasing to bleating liberals who prefer darkness.

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This page contains a single entry from the blog posted on July 10, 2005 11:17 PM.

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