Monday, June 27, 2005

Brown for Supreme Court

The precedent of past decisions is not legally everything. If people can discuss the possibility of Roe V. Waid being overturned (as David Brooks did), then it's not unreasonable to consider a K.O. for Kelo. But we'll need a libertarian and originalist Supreme Court justice replacing the soon-to-retire Justice Rehnquist to do it: a justice like Janice Rogers Brown. Wouldn't she be great? Eric at Grumbles discussed her classic liberal credentials here, here, and here, as did Scott at Catallarchy there, there, and there. President Bush obviously thinks positively of her. And since she's not a fundamental religionist judge, she'd probably be palatable to the Democrats (heck, they already agreed not to filibuster her for her recent appointment). Maybe her firm presence and intellectualism would prevent other conservative justices from wobbling on individual rights, as Justice Kennedy did. The only potential problem would be if she is required to serve on the federal appeals court for a certain amount of time. This I do not know.


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