Bench Memos

The Battle Shifts?

Based on this story in today’s NYT, it appears that Senate Democrats may ease up on the confirmation of John Roberts to focus their fire on whomever the President nominates to replace Justice O’Connor. This seems like a shrewd move on their part. Judge Roberts is certain to be confirmed, and it could be difficult to mount back-to-back campaigns opposing a nominee. On the other hand, activist groups have already expended a fair amount of ammo on Roberts, and the public may not be so quick to forget if the Dems suddenly change gears (especially with groups like the Committee for Justice running independent ad campaigns in support of nominees). Their decision is complicated by the fact that we don’t yet know who Bush will nominate for O’Connor’s seat.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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