Word: souter
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...Souter, of course, is no Bork. He is evidently much more moderate, endorsing both the right to privacy and the principle of affirmative action to "undo" past injustices...
...abortion shouldn't be the only issue. What does Souter think about the recent erosion of the Fourth Amendment, which protects citizens from wrongful search and seizure? How will he rule on free-speech cases...
...Senate is perfectly entitled to turn down a Bork, a Souter, or any other appointee who fails, in its estimation, to sufficiently uphold these political ends--regardless of the appointee's scholarly qualifications. If it came to a standoff between the Senate and the President, the voters would eventually be called upon to break the dead-lock by voting one or the other out of office--the surest guarantee that the Supreme Court will reflect the political values of the citizenry...
...COURSE, liberals stand to lose a lot by turning the Souter nomination into such a ideological war. The battle could have high political costs for the Democrats, with congressional elections just around the corner. Only a month ago, I argued that the Senate should stay away from a confirmation battle for precisely that reason...
That's what the Senate has done up until now, and most liberals seem satisfied with the situation. Souter has already proven himself something of a moderate--more so than any recent Republican nominee. And who knows? Souter could be a liberal hiding in a conservative's clothing...