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McJustice Liberals' long-feared judicial apocalypse is nigh.
The New Republic ^ | October 24, 2008 | Jeffrey Rosen

Posted on 10/24/2008 10:16:26 PM PDT by Clintonfatigued

During every presidential campaign for the last two decades, liberals have predicted an apocalypse in the Supreme Court. In their dire visions, as many as four justices are always about to retire, meaning that a Republican victory would turn the court radically to the right and lead to the certain overturning of Roe v. Wade.

In each of the past three elections, of course, these hyperbolic predictions have turned out to be wrong. Since 1996, Roe has been supported by a comfortable 6-3 majority, and the Court, controlled by two relatively moderate swing justices, Sandra Day O'Connor and now Anthony Kennedy, has remained fairly centrist. All of this had led some Court-watchers, including me, to conclude that the stakes for the Court in most presidential elections are less dire than many liberals fear.

Not this time. This year, for the first time since the New Deal era, a single election really does have the power to transform the Court--at the very moment that voters, rightly concerned about the tanking economy and the war in Iraq, are looking the other way. Given the fact that the older justices are liberal rather than conservative--and that the oldest, John Paul Stevens, is 88--it's hard to deny that nominations by John McCain would change the Court far more dramatically than those by Barack Obama. An Obama victory would maintain the current balance of the Court, while a McCain Court could create a solid conservative majority.

(Excerpt) Read more at tnr.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: scotus
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To: nyc1

There’s always the chance he botches the appointment and puts up a reverse Souter.


21 posted on 10/25/2008 2:54:10 PM PDT by zendari
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To: DiogenesLaertius

Oh, I have no doubt that Souter is waiting for a Dem. He’s that pathetic.

Stevens was also appointed by a republican, but despite his significant age, he stayed on during both Bush terms. I’m sure he’ll step down if Obama gets in there.


22 posted on 10/26/2008 3:45:26 AM PDT by NinoFan
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To: Clintonfatigued
...a McCain Court could create a solid conservative majority.

How is McCain supposed to get conservative judicial nominees through a heavily DemocRat/Socialist Congress?

23 posted on 10/26/2008 3:50:38 AM PDT by Fresh Wind (Tom Manion USMC '08!!)
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To: Fresh Wind

Minority or Regional Candidate that is supremely qualified. Bush attempted to appoint a brilliant honduran to the district circuits. The democrats filibustered the crap out of it because that guy would be next in line under a republican presidency and there would be no way the democrats can vote against a brilliant hispanic jurist.

Heck, Roberts would be unassailable even with the majorities in congress. Noone’s been borked in a long, long time.


24 posted on 10/26/2008 5:27:02 AM PDT by DiogenesLaertius
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To: nyc1

The situation is not as bad as it looks. If we can hold Obama to 1 term, he might only get 1 SCOTUS appointment.

We blew the appeals courts, but not much can be done now.


25 posted on 10/28/2008 5:50:47 PM PDT by zendari
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