Wednesday, February 01, 2017

Should Liberals Oppose Or Support The Gorsuch Nomination?

David Leonhardt: oppose
Neal K. Katyal: support
   I've already said that I wish Dems could refuse to consider any other candidate until Garland is considered. That's in the vicinity of Leonhardt's position. I don't see that working though. Katyal argues that Gorsuch has important legal virtues.
   I'm so disgusted by the politicization of SCOTUS in both directions that I've kind of been driven to despair about the whole enterprise. But, despite my antipathy toward Scalia and some of his particular arguments and decisions, I do worry about judicial activism and a wholesale rejection of originalism. Down certain alternative roads, the law might as well not exist at all.
   Anyway, in general I think that we should look for smart judges who are guided by legal arguments and not pre-determined political positions. That's why Garland sounded pretty good to me. But this doesn't exactly seem to be a realistic position anymore.
   Obviously I have nothing really to say here.
   This morning, I'm not feeling too optimistic about the future of the country.

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