Just like O’Connor . . .

According to a big article in today’s NYTimes, Senate Democrats say they want to see a judicial nominee who is just like Justice O’Connor. So, does this mean they want someone who believes in judicially enforced limits on Congress’ enumerated powers, including the commerce and spending clauses? Who supports stronger constitutional protection of property rights? Who embraces a pragmatic, law-and-order approach to criminal procedure that rejects absolute enforcement of defendants’ rights? Who supports the constitutionality of school choice? Who (as Wally Olson notes in today’s WSJ) believes out-of-control tort litigation is a serious public policy problem? Who rejects the idea that the U.S. Constitution requires gay marriage?

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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