Bench Memos

The Brandeis Comparison

Ken Kesch’s Saturday WSJ article comparing Alito’s confirmation to that of Justice Louis Brandeis is available here.

The parallels between President Bush’s nomination of Samuel Alito and Wilson’s nomination of Brandeis, while not perfect, are instructive. The charges that the nominee has strong ties to a political movement, ties that will render him “biased” in cases involving the most contentious issues he is likely to face, leaves today’s Republicans nonplussed–just as they did the Democrats in Wilson’s day.

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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