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Bench Memos

NRO’s home for judicial news and analysis.

“Balanced”?



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We will also hear a lot of silly talk about “maintaining the balance” of the Court. There is nothing sacrosanct (or “balanced,” for that matter) about the current composition of the Court. And this concept repeats the fallacy of political labeling that I discuss below.

Funny, no one seemed concerned about the shift in balance when Ruth Bader Ginsburg replaced Byron White.



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