Word: ginsburg
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After the bruising battles that led to the rejection of Robert Bork and the unexpected withdrawal of Douglas Ginsburg, few liberals or conservatives were in any mood for another knockdown brawl. And, at least at first glance, one seems unlikely. No one could find anything in either Kennedy's Norman Rockwell personal background or his twelve-year record on the Ninth Circuit Court of Appeals in Sacramento that would prevent him from being confirmed as the nation's 104th Supreme Court Justice, and potentially a long-serving one. At 51, Kennedy is young enough to be shaping court decisions well...
Announcing Kennedy's selection Wednesday, Reagan and his aides put on a show of sweet harmony. Attorney General Edwin Meese, architect of the disastrous Bork and Ginsburg nominations, and Chief of Staff Howard Baker, who had fought all along for a Kennedy-style moderate, made a point of posing ! together wreathed in grins. The President appealed for "cooperation and bipartisanship" in Kennedy's confirmation hearings and pledged to do his part. "The experience of the last several months has made all of us a bit wiser," he said. Reminded by reporters of his pledge after Bork's rejection to give...
Unlike the hapless Ginsburg, Kennedy offers an extensive record for the Senators to study; as an appellate judge he participated in 1,400 decisions and personally wrote more than 400 opinions. At least two have made legal history. In 1980 he ruled against the so-called legislative veto, a once common practice under which Congress would grant certain authority to the Executive Branch but reserve to itself the right to disapprove particular actions exercising that authority. Kennedy declared that the practice violated the constitutional separation of powers. In a 1983 dissent, Kennedy argued that a court should admit evidence gathered...
...feel compelled to ask about drugs, why stop there? Why not inquire about other forms of vice and lawlessness? Rather than focusing on drug use a decade ago, perhaps we should have investigated Ginsburg's respect for law as manifested in his private life during the past year, while he was a federal judge. It certainly would have given us a better picture of this new-fangled, post-pot, law'n'order Ginsburg...
...right to privacy which Americans vindicated a month ago must not be chiseled away. Now that we have rejected Bork, we must now reject Borkism in all its manifestations. Unless things change radically, Ginsburg's defeat may very well signal the vindication of Bork's principles...