Word: ashcrofts
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Soon after the John Ashcroft confirmation battle, a Democratic elder statesman sidled up to George W. Bush at a White House gathering. "You know, Mr. President," he said, "you can handle the Russians. You can handle the Iraqis. The one thing you can't handle is one of those Supreme Court Justices quitting...
Which leads to Part 2 of the game: Who would be tapped to take their places? The answer will determine whether the confirmation process is a mere brawl or a full-scale conflagration. The clash over Attorney General Ashcroft, with 42 Senate Democrats voting no, was cast by both sides as a warm-up for the war over the next high court opening, a slot with lifetime tenure. The Senate's 50-50 split adds still more flammability. Bush continues to say he most admires ultraconservative Justices like Antonin Scalia and Clarence Thomas, but will his resolve melt when...
...swing vote on a court that often rules 5 to 4 and the crucial fifth vote upholding Roe v. Wade, since pro-choice groups no longer count on Anthony Kennedy. "Any effort by Bush to appoint a far right-wing Justice to replace O'Connor could make the Ashcroft battle look like a walk in the park," says Elliott Minceburg, legal director of People for the American Way, which is already doing opposition research on possible nominees...
...like Ashcroft, they're not always so keen on civil liberties, or tolerant of the vices in which ordinary people engage with their free time or extra money. Next stop for the PSLM: Dancing? Rock lyrics? Caffeine...
There are differences between the illiberal right and the illiberal left, of course. Ashcroft and his allies oppose gambling because they believe it endangers our mortal souls. PSLM attacks gambling because they consider it an unwise use of our money. Ultimately, I probably prefer to have someone looking out for my soul than my pocketbook. But my first choice would be neither. So I hope Harvard does not divest its holdings in our casino-loving friends. And I hope Bartley and his PSLM colleagues take a long look at what kind of liberal values they are defending...