Posted by Orin Kerr:
Moderates on the Court?
Georgetown lawprof Mark Tushnet [1]explains why it may be wrong to
think that the upcoming election will have a dramatic impact on the
direction of the Supreme Court. An excerpt:
A justice nominated by George W. Bush and confirmed by the Senate
will be somewhat more conservative than a justice nominated by John
Kerry and confirmed by the Senate. Beyond that, there's not much to
say. The differences are going to be smaller than partisans on
either side expect, and calculations that we can't foresee will
affect the politics of nomination and confirmation.
References
1.
http://www.legalaffairs.org/issues/September-October-2004/feature_tushnet_sepoct04.html
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