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Bench Memos

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RE: Gonzales



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I don’t speak for social conservatives, but I don’t think their concern about Gonzales can be easily dismissed from a substantive or political viewpoint. They had much to do with the election of the president, and are an important part of the conservative coalition. Indeed, much of the dispute over these nominees centers around social issues, from the Left and Right. I also have some concerns about his tepid comments on illegal immigration. Given the string of immigration cases in which the high court has set national policy, and will continue to do so, I think we can do much better in selecting an originalist. And as Ed Whelan says, any nominee will face very vigorous opposition. We’re likely to be replacing Rehnquist, and we should find someone just as solid.



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