Word: souters
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...were highly visible in the David Souter nomination to the Supreme Court. Was that to divert attention from Souter's ties to John Sununu...
Whatever Bush's final strategy, Souter himself appears willing to join the battle straight-up. He apparently realizes that regardless of where a nominee stands on an issue, a candidate for the high court owes the nation an account of why he stands there. Some people who are close to Souter say he has already decided to discuss the right to privacy on which Roe rests. Many conservatives (and some liberals, including the late Justice Hugo Black) insist privacy is an invented liberty without constitutional foundation. Let Souter second Black, if that be his position, and then echo those liberal...
Whether candor can win the day for Souter is another matter. Some Senators believe he could deny a constitutional right to privacy and still prevail, provided his reported respect for precedent convinces the Senate he might leave Roe alone anyway. If that is indeed the message Souter wishes to convey, he could do worse than borrow from Robert Bork. "Many court results decided incorrectly have been left in place because tearing them up would create chaos," says Bork...
Would such a stance wash? Perhaps, but "the stakes are much higher this time," says Senator Arlen Specter, a Pennsylvania Republican whose opposition doomed Bork's 1987 court nomination. "Bork's vote to overturn Roe would not have made the difference. Souter's would...
Clearly, the current calm is illusory. Souter's confirmation is no done deal. In one way or another, abortion will be the litmus test that determines Souter's fate. In the end, he could be rejected simply because he believes ; that legislators should make the law, that the right to abortion is a matter best left for the states to decide...