Saturday, November 09, 2002

Cass Sunstein urges the Republicans to be careful about the judges they pick, because some "conservative" judges might end up invalidating legislation that even Republican politicians supported, such as the campaign finance reform bill that Bush signed. The op-ed is basically a warning against conservative judicial "activism."

Keep in mind, though, that this is coming from a man who has written, in the New York Times no less, that the Supreme Court "has moderates, but no liberals." (To be fair, I would add that despite the implausibility of that proposition, Laurence Tribe has also said that the Court has "four justices distinctly on the right, two moderate conservatives, a conservative moderate, two moderates, and no liberals." He was testifying before Congress when he said this, so he must actually believe it to be true; although it is utterly baffling what he means by distinguishing between "moderate conservatives" and "conservative moderates.")


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