Not So Extraordinary

by Jonathan H. Adler

A Legal Times story on the aftermath of the deal reports that, as expected, some liberal interest groups will find an “extraordinary circumstance” just about anywhere:

Among the four most widely discussed potential high court nominees–U.S. Court of Appeals Judges J. Michael Luttig of the 4th Circuit, John Roberts Jr. of the D.C. Circuit, and Michael McConnell of the 10th Circuit, and Attorney General Alberto Gonzales–all have past statements and court rulings that, liberal interest groups say, could arguably meet the new, elevated filibuster threshold.
By this standard, the appointment of any conservative to the Supreme Court by President Bush would be “extraordinary.”

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