Bench Memos

Robby George for SCOTUS!

Robert P. George in the Weekend Journal [sub only]:

Indeed, given the importance of the seat now to be filled, the attacks will come even if the nominee is a “stealth candidate,” so this is no reason for the president not to nominate someone with a record of commitment to constitutional principle. Unlike 1987, there is now a large number of conservative scholars who would be ready, willing and able to join the nominee in laying before the American people an argument about the proper role of the courts. Finally, the mainstream media’s monopoly has been decisively broken. Supporters of a constitutionalist nominee would have no want of means for getting their voices heard and their message out.

It is true, as Lincoln said, that “public opinion is everything; with it nothing can fail, without it nothing can succeed.” But this scarcely counts as an argument against an anti-stealth strategy for restoring courts to their constitutional bounds. As Lincoln himself observed, “he who molds public opinion goes deeper than he who enacts statutes and pronounces decisions.” President Bush should send to the Senate a nominee who is prepared to mold public opinion by taking the argument for constitutional government to the American people.

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