Bench Memos

Law & the Courts

Precedent for a Supreme Court ‘Moderate’

When he makes his pick for the Supreme Court vacancy, look for President Obama to claim that the nominee “will be able to be a force for consensus-building,” is regarded as “one of the nation’s leading centrist judges,” is “what attorneys call a moderate,” and “cannot be called a liberal or a conservative.”

And look for the media to parrot the “moderate” label, time (“decidedly moderate”) after time (“moderate—even conservative”) after time (“cautious, moderate”) after time.

Don’t believe me? As you’ll see, all of those links are to what President Clinton and the media said about Ruth Bader Ginsburg back when she was nominated to the Court in 1993.

Don’t be fooled. 

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