In Search of a Unanimous Confirmation

Tuesday, June 21, 2005

In Search of a Unanimous Confirmation

Last week, Legal Affairs asked two liberals to come up with a slate of potential Supreme Court candidates who would be "approved by conservatives, lauded by moderates, and acceptable to liberals."

Over the course of the week, the two then proceeded to provide literally dozens of names of such nominees, ranging from Ed Prado and Barrington Parker to Judge Michael Boudin and Judge John M. Walker.

This week, Legal Affairs is asking the same question of two conservatives, one of whom is Wendy Long of the Judicial Confirmation Network. What does she have to say?
There isn't a potential Supreme Court nominee on the planet (at least, one this President would nominate) who could get 100 votes in the Senate.

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If he gets a chance to nominate one or more Supreme Court Justices, it will be his most important and enduring legacy. This choice is not the time to capitulate with some nominee acceptable to the Left.

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[We] won't see any 100-0 Supreme Court Justices confirmed. But remember: Senate confirmation is not like a law school final exam, where one tries to get the highest score. It's more like the bar exam, where one simply has to pass.
So there you go: Despite the fact that there are probably dozens of nominees who could receive unanimous confirmation, Bush won't nominate them. And if, by some miracle, he actually does, his right wing base will never forgive him for it.

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