Kennedy Is OK

[Rick Duncan]

Just one more comment on Justice Kennedy and moving
the Court to the right.

Imagine if instead of Stevens and Souter, Presidents
Ford and Bush-the-Elder had given us nominees more or
less like Kennedy. How much difference would this have
made in, say, the last 10-15 years? Would 3
Kennedy-clones have switched their vote in Casey? If
only one of them stayed the course, Roe would have
been reversed.

Conservatives do not need to insist on more Scalias
from Bush-the-Younger. It is enough if we stop the
nomination of the likes of Stevens and Souter--Mike
Paulsen tell us your story about Souter--and settle
for nominees like Kennedy.

--Rick Duncan


--- Rick Duncan <conlawprof at YAHOO.COM> wrote:
> President-elect Bush will likely have 2 or 3
> opportunities to appoint Justices to the Supreme
> Court. Some on this list have suggested that Bush
> nominees will be confirmable only if they are
> moderate
> (a "moderate" being defined as someone who takes
> *liberal* positions on all important issues like
> abortion, affirmative action, gay rights, etc.,
> while
> being allowed to take conservative positions on a
> few
> less important issues) and members of the AARP.
>
> I think President Bush might well be able to steal a
> page from Daddy Bush's nomination of Justice Thomas
> by
> nominating pro-life, pro-family Justices who are
> almost certain to be confirmed. Suppose, for
> example,
> Justice Stevens decides to retire to a nursing home
> and President Bush nominates, say, a conservative
> Hispanic to replace him. A recent article in the
> legal
> times suggests that the Hispanic community believes
> their turn has come for a seat on the Court. Would
> Senate Democrats dare risk offending the Hispanic
> community by borking a well-qualified conservative
> Hispanic nominee?
>
> Next, suppose Justice O'Connor resigns and W
> nominates
> a highly-qualified conservative woman to replace
> her.
> There are many pro-life conservative woman with the
> qualifications to serve on the Court. Again, how
> easy
> would it be for Senate Democrats to savage and bork
> her? (Daddy Bush's biggest mistake was to bypass
> Edith
> Jones in favor of Souter--W should follow Daddy's
> example in the Clarence Thomas nomination and learn
> from Daddy's mistake in the Souter nomination).
>
> I don't know if it is likely that W will go the way
> I
> have suggested, but it sure beats ending up with
> Justice Milquetoast and Justice Geritol. No?
>
> --Rick Duncan
>
>
> =====
> Rick Duncan (conlawprof at yahoo.com)
>
> __________________________________________________
> Do You Yahoo!?
> Yahoo! Shopping - Thousands of Stores. Millions of
> Products.
> http://shopping.yahoo.com/


=====
Rick Duncan (conlawprof at yahoo.com)

__________________________________________________
Do You Yahoo!?
Yahoo! Shopping - Thousands of Stores. Millions of Products.
http://shopping.yahoo.com/