Well, It's Official or A Minority of One
Bush has now picked Judge Samuel Alito as his new Supreme Court nominee. He's everything the Miers critics could ask for in his formal credentials, a potential fifth Catholic on the Court, and even his nickname (Scalito) provides comfort to the Right. No word on his Federalist Society membership, but I'm sure he's got the membership card, the decoder ring and knows the secret handshake. Certainly I can't find anything he's said that might be considered even moderately critical of the Cult of Madison.
I suppose it's a victory in senses, but it's an abandonment of the field I care about. Sure, we may get to fight over, and probably confirm, another Scalia. Yet the nomination strengthens the sense of the Court as a Clerisy, with the high priests chosen from the same set of cardinals and no room for the laity. I wonder if I'll see even a practitioner, to say nothing of a non-lawyer, nominated in my lifetime.
Update: I realize I'm out of the conservative mainstream on this one, but the treatment of the Miers nomination by movement conservatives leaves me with a particularly bitter heart towards those who are usually my compatriots. The debate became more foul and nasty than necessary, and the double-standards of the critics were breathtaking. The grammar in an ABA in-house editorial wasn't up to the standards of a Supreme Court reporter? Shock and surprise: few things are edited as heavily as judicial opinions. On the other hand, there's barely a blush by Prof. Bainbridge that he got the name of the magazine wrong, shattering his glass house as he was throwing stones. His blog, it appears, should be held to a lesser professional standard than a bar journal.
For the first time in my life, I'm considering sitting out a mid-term election, and the Republicans aren't getting my money this go around. The anti-Miers crowd (and some of the anti-anti-Miers crowd) are crowing about how we should all be united now. Not sure I buy this.
Comments
Posted by: John Tanski | October 31, 2005 10:56 AM
Posted by: A. Rickey | October 31, 2005 11:33 AM
Posted by: John Tanski | October 31, 2005 12:09 PM
Posted by: A. Rickey | October 31, 2005 12:49 PM
Posted by: PG | October 31, 2005 7:45 PM
Posted by: ambimb | November 13, 2005 7:18 AM
Posted by: reader | November 13, 2005 11:08 PM