Robert: I think the effect of O’Connor’s going first on Senate Democrats (less freedom to Bork a conservative nominee) is greater than the effect on Bush (more freedom to appoint Gonzales). But as you said, your op-ed was about two simultaneous vacancies. That situation, it seems to me, would create the exact problem I mentioned earlier: Democrats accept the less conservative one and use their support to establish their bipartisan bona fides all the better to sink the more conservative one. Unless you’re assuming that Bush will appoint only conservatives–and you’ve already suggested that you don’t make that assumption–then I think we’re better off having Rehnquist hold on a little longer. Actually, you could have a similar situation with two equally conservative nominees. If some senators used their support for nominee A to justify their opposition to nominee B, and some did the reverse, you could end up with neither being confirmed and everyone who needed one having an out.

About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
Advertisement
Advertisement





Comments