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Bench Memos

NRO’s home for judicial news and analysis.

Clarification on John McCain vs. Clinton/Obama



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Several readers, expressing surprise at my statement that “no president in my lifetime has made only outstanding Supreme Court nominations,” have wondered whether I am signaling dissatisfaction with the Roberts or Alito nominations.  The answer is no.  The terms “nominations” and “appointments” are not synonyms—as the Constitution puts it, the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint” judges—and, whether or not one looked favorably on President Bush’s nomination of Harriet Miers, I would not call it an “outstanding” nomination.


Tags: Whelan


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