The Weekly Standard has an important piece by libertarian law professors Randy Barnett and Josh Blackman on the next Republican president’s judicial nominations. Ed probably won’t agree with the article’s discussion of judicial restraint, but pretty much anyone concerned about the future of the Supreme Court will find much to like. For instance, these words of wisdom for politicians who are tempted to go for a compromise candidate in the hopes of avoiding a political fight:
Whatever political capital was gained or sought in 1987, 1990, and 2005 by appointing a less-contentious nominee to avoid a bruising political fight is entirely dwarfed by the impact a justice has on our legal order over three decades. The appointment of a justice should be viewed on the same plane as a president’s “signature” legislative achievements. After the enactment of the Affordable Care Act, President Obama’s most enduring political legacy may well be his appointments of Justices Sonia Sotomayor and Elena Kagan. Obamacare can still be repealed. These appointments are for life.
And on the importance of courage for nominees, the article quotes liberal law professor Pamela Karlan, who puts it well: “Courage is a muscle. You develop courage by exercising it. Sitting on the fence is not practice for standing up.”Potential Republican presidents need to commit to nominating jurists with a proven record – and part of a nominee’s record should include having exercised that courage muscle.
Read the whole thing here.






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