Bench Memos

SCOTUS Scuttlebutt

At a meeting of some conservatives with several senators Wednesday, one participant asked: “Would a Kagan confirmation process take longer because of the document dump that would be required?” The reason for the question? “All of her memos and files would have to be pulled from the Clinton presidential records, which are not yet public.”

I see that a don’t-give-to-the-NRSC Facebook group or two has sprung up in the wake of the Crist endorsement in Florida, but a report came out of the same meeting that the Supreme Court has become a fundraising aide for both the NRSC and conservative activist groups. The latter are gearing up to highlight facts of record that the press has heretofore left out of most coverage of potential nominees.

The good news is: Conservatives don’t sound like they will sit out this fight. The president isn’t going to nominate anyone these groups would pick, but the activism of conservatives could keep the most radical from the high Court, or, at minimum, highlight the judiciary in a clear and present way. And many out there care about judicial restraint vs. judicial activism.

This could be a real issue in 2010. And 12.

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