Bench Memos

NRO’s home for judicial news and analysis.

Thank You, Dave!


Some of Dave Winston’s “Bush Earned the Right To Pick the Next Justice, Not the Democrats” in Roll Call today (subscribers only):

At the end of the film “Saving Private Ryan,” Tom Hanks’ character, Capt.
Miller, lies mortally wounded with many of his platoon already dead, having
sacrificed themselves for “a cause greater than themselves.” In his last
breath, Miller tells the young soldier, for whom so many have given their
lives, including his own, “Earn this.”

There’s a lesson in that challenge that Democrats seem to have forgotten as
they clamor for “joint power” in selecting the next Supreme Court justice.
In all of their chest-beating calls for “moderation” and “consensus” and
“cooperation,” Democrats, led by Sens. Edward Kennedy (Mass.) and Charles
Schumer (N.Y.), are conveniently ignoring the one stumbling block to their
desire for presidential power sharing — those pesky democratic elections
when a president and his party earn the right to govern through majority
rule and, in so doing, to also choose the nation’s judicial nominees.


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