When A Litmus Test Is Not A Litmus Test

On Meet the Press today, Senator Kennedy tried to explain that his litmus test for Supreme Court nominees is not really a litmus test:

I am opposed to any litmus test for any nominee. That’s been any my position. But let me continue. Anyone that would have a position overturn roe v. Wade is going to also have a position of questioning issues on privacy and the liberty clause of the constitution of the united states. I have sat through 22 supreme court nominations. You’re never going to get someone that is just going to have one view about a particular kind of issue. If they have a particular issue, that position with regards to one position, they’re going to undermine the whole issues of privacy which is basically the reason that the constitution was written, because we are a country that wants to preserve our privacy and our individual rights and liberties. So the answer is, yes, i couldn’t support someone that had that not just because of the roe v. Wade, which i basically support, but because they — if they had that view, the view about privacy that cross other important areas.

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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