Rick: Whatever Obama might think, he’s running for president, not the Supreme Court, and surely the sort of justices he says he would appoint would be with Kennedy, Stevens, Souter, Ginsburg, and Breyer. Indeed, is it plausible that anyone Obama appoints would be (to resort to crude political labels) to the right of Kennedy on any significant constitutional question on a politically controversial issue? Has that ever been the case with Ginsburg or Breyer?
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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 Review’s Bench Memos blog.
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