Tuesday, September 13, 2005

A War We Will All Fight

From The Irish Rover:
... Sadly, Chief Justice Rehnquist must be replaced. By elevating Judge John Roberts to replace Rehnquist, President Bush appears to have filled that void remarkably well. But now Sandra Day O’Connor’s vacant spot, once again, needs filled. For President Bush, the decision should be easy. He must nominate another Rehnquist, a judge who will apply the Constitution, and most important, promise to vote to overturn that reprehensible decision with no basis whatsoever in the Constitution – Roe.

Nominating a moderate (a pro-choicer), such as Alberto Gonzalez, would be, as Weekly Standard editor William Kristol puts it, “a disaster.” The backlash from the President’s base would be a potentially fatal blow to his party, and the decision would be perhaps the decisive blow to the unborn.

Moreover, Justice Antonin Scalia scoffs at the incoherence of such a proposition. “Now the Senate is looking for moderate judges, mainstream judges. What in the world is a moderate interpretation of a constitutional text?” Scalia asks. “Halfway between what it says and what we’d like it to say?”

With 55 Republicans in the Senate, there is no need to shy away from a fight. It’s the fight we’ve all been waiting for. Well, not quite. Even if Roberts and another conservative are confirmed, the court will still be entrenched 5-4 affirming Roe.


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(emphasis added)

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