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The Corner

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The New Standard For Judges



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Why are Democratic Senators voting against Miguel Estrada? The reason they are giving is that he would not criticize any Supreme Court decisions — decisions he would be obligated to faithfully apply should he win confirmation to the D.C. Circuit. Of course, if Estrada had been willing to criticize existing Supreme Court precedent, then they could criticize him for not having the requisite judicial temperament and respect for precedent.



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