Bench Memos

Mishatched Approach

Alas, Senator Hatch, my old boss, seems very eager to repeat his awful mistake from 16 years ago, when he precleared President Clinton’s nomination of Ruth Bader Ginsburg before I or anyone else had the opportunity to do a serious review of her record.  Are you really content with how that one turned out, Senator?

Bloomberg reports that Hatch is crowing that President Obama “told him he won’t nominate a ‘radical or an extremist’” to replace” Justice Souter.  Well, gee, golly, if Obama said that, how could anyone not believe him? 

What’s needed, now more than ever, is a vigorous public debate over the proper role of the courts.  The confirmation process for a Supreme Court justice provides the best vehicle for that debate.  But that debate won’t happen if Hatch and other Republicans preemptively roll over and play dead.

[Cross-posted on The Corner]

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