Two quick points: (1) Are there examples of conservative law professors (in large numbers) supporting the appointments of likeable, honest, accomplished scholars with decidedly non-conservative substantive views on critical issues? and (2) Depending on how seriously one takes the contention that we are fighting "culture wars," does it make political (or perhaps even moral) sense to support one's opponents no matter how thoughtful, likeable, and honest the person is. The fact that 200 (?) law professors endorsed Judge McConnell's appointment to the bench is not just an act of collegiality; it is also a political act the sense of which, in my view, needs demonstration. The more polarized the polity is over fundamental questions of human life, dignity, and freedom, the less sensible it would seem it is to engage in the political act of supporting those whose views directly oppose yours. In the limiting case, for example, I cannot imagine (though history might prove me wrong)an abolitionist supporting someone favoring slavery because the latter is knowledgeable, likeable, and honest.
Bobby Robert Justin Lipkin Professor of Law Widener University School of Law Delaware
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