Kennedy Is OK
conlawprof at YAHOO.COM
Thu Nov 30 09:26:14 PST 2000
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
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 <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
> (a "moderate" being defined as someone who takes
> *liberal* positions on all important issues like
> abortion, affirmative action, gay rights, etc.,
> being allowed to take conservative positions on a
> 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
> nominating pro-life, pro-family Justices who are
> almost certain to be confirmed. Suppose, for
> 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
> 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
> a highly-qualified conservative woman to replace
> There are many pro-life conservative woman with the
> qualifications to serve on the Court. Again, how
> would it be for Senate Democrats to savage and bork
> her? (Daddy Bush's biggest mistake was to bypass
> 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
> have suggested, but it sure beats ending up with
> Justice Milquetoast and Justice Geritol. No?
> --Rick Duncan
> Rick Duncan (conlawprof at yahoo.com)
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