Towards A Good Samaritan World

Tuesday, January 10, 2006


Andrew Sullivan weighs in for Alito (even though there's an anti-Alito ad on his site):

I've long been a believer in deference to presidential court appointees (check TNR archives and way back in the 80s, I wrote one of the first pieces outraged by the Borking of Bork). I have a marginally less expansive view of executive power in wartime than Alito, and probably despise Roe vs Wade more than he does, but these are quibbles. He seems perfectly fine to me: the kind of uber-nerd you want on SCOTUS. He reminds me of Milhous on the Simpsons, all growed up.

Ann Althouse also supports Alito, and she links to a poll showing that 40 percent of Democrats, and 38 percent of self-identified liberals, support Alito's confirmation.

This makes me wonder if the liberal judicial philosophy has become politically as well as intellectually untenable. A lot of people don't like to be "wingers" and will break with the party line on one issue. For a lot of otherwise-liberals, that issue may be courts. They oppose the Iraq war and tax cuts for the rich, but having judges enforce democratically-made law, rather than reading their personal policy preferences into a "living Constitution," makes sense.

If so, this may be the sunset of the liberal judiciary.


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