In the column Jonathan cites, the usually level-headed Bob Novak has done it again, but even worse this time: In touting Priscilla Owen as the next justice, Novak asserts that her appointment would “guarantee a conservative court for 20 years.” But on the assumption that Owen would be a stellar justice, her appointment would not establish a conservative court for one day. As I explained in response to Novak’s similar (but more modest) assertion of a month ago, Justice Kennedy would still be the needed swing vote, and he cannot fairly be labeled conservative. Does Novak think otherwise?

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 Review’s Bench Memos blog.
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