Bench Memos

Good for the Post

I was also very pleased to read yesterday the Washington Post’s editorial supporting Judge Alito’s confirmation.

It strikes me that the editorial’s most devastating point to the Alito critics is precisely the one they seem most reluctant to engage: “A Supreme Court nomination isn’t a forum to refight a presidential election. The president’s choice is due deference — the same deference that Democratic senators would expect a Republican Senate to accord the well-qualified nominee of a Democratic president.”

Richard Garnett is the Paul J. Schierl Professor of Law at the University of Notre Dame.
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