Monday, November 14, 2005

Philosophy vs. Single-Issue Thinkers

Though there exist judges that believe abortion is ok whom conservatives could support, I don't think a conservative should support any judge who thinks there is an absolute Fundamental right to abortion, free from state restraints (the pre-Roe status quo-- you may remember--abortion was not criminalized via the national government). All the faithful readers of this blog and other areas of legal academia know that the penumbras are regarded as a vastly bastard-ized line of jurisprudence: mysterious indeed in its origin.

A nominee that makes it to this level will be more than just a one or two-issue "hack" who is merely looking to get a foot in the door to mandate views on pet issues. Ginsburg would be perhaps the best example: Though she held (perhaps still holds) wild views regarding sexual autonomy/freedom that are vastly outside the mainstream, she is otherwise a competent jurist (though I disagree frequently with her analysis).

It is time to be frank in this debate and recognize that no candidate for SCOTUS will fail this competence test. Therefore, to the Presidential victor go the spoils--the nominations. Democrats can try to steal his glory. But I don't think that when the music stops this will in fact take place.