I share Jonah’s and K-Lo’s misgivings about a Gonzales nomination, but I think it is important to note the other tidbit in the RedState post (assuming it’s true): Rove is pushing Gonzales because (Rove believes) Gonzales is more conservative than his reputation and that this would be evident before the 2006 midterm elections. Given the cases on the Court’s docket for this term so far, that strongly suggests Rove believes Gonzales would vote to uphold New Hampshire’s parental notification law. I also suspect this means Rove believes Gonzales would be a reliable vote for law enforcement in criminal cases. I’d be much less optimistic about Gonzales willingness to constrain federal power in the various federalism cases up for review.

About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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