A Chequer-Board of Nights and Days

The Return Of The Nuclear Option?

Posted by Pejman Yousefzadeh on Wed Sep 28, 2005 at 11:52:07 AM EST

It is a possibility if this story is on the money. To be sure, it is hardly an objectively "extraordinary circumstance" if a nominee to the Supreme Court has a jurisprudential ideology that differs from that of the minority party in the Senate. But objectivity left this debate long ago and now we are into the Orwellian corruption of terms.

Once again, it should be remembered that when the relatively conservative Byron White was replaced by Ruth Bader Ginsburg, there was no tut-tutting whatsoever about the ideological shift that occurred in the Supreme Court. Some might therefore judge the tut-tutting referenced in the article linked above to be quite hypocritical. I, of course, will refrain from doing so and will content myself with merely pointing out the incongruity in the positions taken. But I cannot help what the reactions of others might be.

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