ConfirmThem

By Marshall Manson Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

There's an important and insightful post over at the Volokh Conspiracy authored by Erik Jaffe, a former Thomas clerk and sometime outside counsel to the Center for Individual Freedom. Take a minute and read the whole thing. It gets right to the heart of the matter.

Here's an excerpt:

But certainly the critics cannot have it both ways, pissing and moaning that he might reject a substantive conclusion that they favor, yet demand that he not bring his personal views into the judging process...Demanding a Justice that would distort the laws to serve a particular end, be it civil rights, the environment, or what have you, is basically demanding a jurist who would be dishonest and violate his oath of office. Judge Roberts has naturally refused to be goaded into such silliness. The fact that folks like Kennedy and Schumer and Durbin keep settting that up as the test for their willingness to support him is appalling and speaks to the bankruptcy of their philosophies of government.

Hat tip to Jonathan Adler at Bench Memos

UPDATE: It has been brought to my attention that Erik has also posted Part Two and Part Three. I commend both of them to you.