Several readers, expressing surprise at my statement that โno president in my lifetime has made only outstanding Supreme Court nominations,โ have wondered whether I am signaling dissatisfaction with the Roberts or Alito nominations. The answer is no. The terms โnominationsโ and โappointmentsโ are not synonymsโas the Constitution puts it, the president โshall nominate, and by and with the Advice and Consent of the Senate, shall appointโ judgesโand, whether or not one looked favorably on President Bushโs nomination of Harriet Miers, I would not call it an โoutstandingโ nomination.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Reviewโs Bench Memos blog.
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