Friday, September 23, 2005

Holy Cow. Where does he find the time?


Sheesh. I'm happy if I can make one post a day, Mike. Some thoughts (briefly) on some of your posts...

Regarding your response to my post on "advice and consent": Remember that the authors of the Federalist papers were trying to persuade people of their position, including those who favored having the President appoint Justices directly. Fed. 66, in the first part, merely points out that the Senate cannot nominate a judge. Good enough. The second part of Fed. 66, and Fed. 77 prognosticate about the likelihood of the Senate not confirming a judge. They make predictions about what is probably, not statements about what is permissible. There is a difference between saying that the Senate is unlikely to block a judge because they don't like his politics and saying that they can't do it altogether. And there is historical evidence that the prediction was a bad one. Justice Kennedy was confirmed 97-0 after Bork's nomination failed.

Moving on to your later post...

Who is that straw doll dressed as Hillary, and why does everyone like to beat on it? The notion that any Democrat who doesn't vote for Roberts can't coherently support any Republican nominee seems to be going around. It's silly. What Democrats -- both Senators and the people who elect them -- wanted to hear from Roberts was that he believes women should legally be able to decide whether or not to have an abortion. That's the gorilla in the room. Democrats might have voted for a conservative nominee who opposed abortion previously, but, not surprisingly, they don't want to tip the balance. The majority of Americans are pro-choice. and the last election was close. A well qualified pro-choice Republican judicial nominee wouldn't face much opposition.

I love the idea that the thing that's preventing intelligent dialogue is the Democratic leadership. I also love the implicit corollary that the all of the positions held by Republicans are so inherently reasonable that they demand a response. I love it for its entertainment value. There are plenty of bloviating, egomaniacal, popularity craving dunderheads to go around. Let's not make them all Democrats.