Thread: SC short list
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Old 05-11-2010, 08:16 PM   #23
Archaea
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Originally Posted by RedHeadGal View Post
unfortunately for you, I think most of the reasons why you oppose her are reasons she makes a good nominee to many, especially those who are in the position to nominate. if she had written too much, been too controversial, there's too much to tear apart. you're not going to see laurence tribe as a nominee for that reason. you don't know much about her intellect, though.

I hear you on the geographical diversity, though. Maybe Sid Thomas will surface again. Go Montana!
I submit that Roe v. Wade is the most harmful decision, because it polarized the selection of judges. Now, I suppose I'm being naive as I read about 19th Century confirmations, but that single decision is the most divisive decision. Justice Blackmun was never a very distinguished jurist. I wish the issue had been avoided.

For me the single most important decision is Marbury vs. Madison, as it created our judicial approach to Constitutional law. And in our "generation" the most important helpful decision is Brown vs. Board of Education, decided rightly in result but by the wrong rationale.

Roe v. Wade and the rejection of Robert H. Bork, and also Judge Ginsburg back in Reagan years all but guarantees a non-distinguished judiciary. We are poorer for it.

My guess is she is a clever, administrative politician. Not somebody I want on the Court, but I doubt we'll see a good, distinguished judiciary again. Once upon a time, I believed, and perhaps again I was deceived, a President often sought to nominate somebody who might help create a legacy for his Presidency. But the Presidents no longer seem to pursue that endeavor. C'est domage.

Geographical diversity includes Montana. I imagine there will be a Montanan before a Nevadan sits there.

Judicial distinction does not hinge upon political viewpoint. Justice Brennan was distinguished and ran very contrary to my line of thought. Justice Blackmun was not.

Chief Justice William Rehnquist was a distinguished jurist, we shall see what becomes of Justice Scalia, certainly bright but he appears to be growing full of himself.
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