21 November, 2013

Senate Republicans: All Obama Judges Are Bad -- Daily Intelligencer

Senate Republicans: All Obama Judges Are Bad -- Daily Intelligencer: This – unlike many of the arguments of convenience deployed in such fights — is a perfectly blunt account of both side’s beliefs. Democrats want to nominate judges who share the Democratic legal philosophy, which tends to treat the Democratic policy agenda as constitutional. Republicans want to keep the courts as Republican as possible, because Republican judges are more likely to strike down laws passed by Democrats.

The bluntness of the account reveals its radicalism. Previous judicial fights have revolved around the question: How personally or ideologically unacceptable must a judge be to merit rejection? Republicans are now arguing that Obama’s nominating judges to vacancies on the court is illegitimate per se.