Friday, July 15, 2005

The "Reverse Litmus Test"

This post from Yale Law professor Jack Balkin, convincingly articulates what both of us have been feeling for a long time re: Roe v. Wade. Abortion will definitely influence the president's choice to succeed Justice O'Connor, but not in the way you might think.


At 3:07 PM, Blogger ats54 said...

To piggy back on this article and what has previously been posted on this blog:

I can't help but wonder if Bush will FIRST nominate someone who is at least a far-right if not an ultra conservative. Someone who doesn't stand a chance of being confirmed by Congress. Then, he will go with his moderate, won't-mess-with-Roe v. Wade nominee. That way, the Republican party can have the pretense of attempting to nominate the candidate that the extremists desire, but in the end will not alienate the independents and moderates in the GOP fold.

Another added benefit would be a bolstered demonization of the leftists for blocking yet another "God-fearing judicial nominee".

At least, it's a power play to consider, and it would strengthen the battle cry of the religious right.

At 4:40 PM, Blogger Infission said...


VERY interesting. That's definitely a possibility, but it has major risks. Is Bush in control of the Republicans in the Senate? If not, what happens if they abolish the filibuster and approve the ultra conservative 51-49 (over the objection of 2 or 3 moderate Republicans)? Is he willing to risk that? On the other hand, if Bush can keep Senate Republicans in line -- keep them from abolishing the filibuster -- you are right. He could score some MAJOR political points.


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