Recently, Politico published an op-ed by a conservative arguing “Democrats have been virtually flawless in appointing reliable liberals to the court. Yet Republicans, more often than not, appoint justices who vote with the other side on critical decisions.” Politico’s Arena asked if that formulation makes sense.
Another reading of the so-called “defections” of judges appointed by Republicans is that fair jurisprudence actually leans center-left. Except for the most ardent ideologues willing to contort the Founder’s intent to serve a narrow agenda, even politically conservative judges know the Constitution is meant to confer rights and benefits, not restrict them. Perhaps the sour grapes on the Right come not from a few failed efforts at vetting but from the creeping realization that their whims are on the wrong side of justice.
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