What's at Stake in This Election
Our own John Yoo has a terrific piece in today's Wall Street Journal that demonstrates how high the stakes are in the upcoming election. As John points out, "the winner of this November's presidential election may enjoy the chance to appoint three new Justices." The next president could "lock into place a conservative court majority [or] launch a liberal counterrevolution." But John also warns against the danger of putting "all the conservative eggs in the judicial basket." Republican presidents have given us judges like David Souter, whereas Democrats never make the "mistake" of appointing anyone who might drift rightward. The only way to restore constitutional government is to achieve conservative control of both houses of Congress, as well as the White House.
I should mention, John also has a great new book (Taming Globalization), co-authored with Julian Ku. It's all about how to maintain US sovereignty as well as our unique form of constitutional government amidst all the fashionable talk of globalization. Required reading!
- Comment (14)
- · Quote
- · UnfollowFollow (2)
Comments:
Jun '10
Re: What's at Stake in This Election
A visual aid:
Mar '11
Re: What's at Stake in This Election
Brilliant point! Why didn't I think of that?
Feb '12
Re: What's at Stake in This Election
Which three current judges look likely to retire in the next 4 years? Ginsberg, and ??
Jun '10
Re: What's at Stake in This Election
David Williamson
Brilliant point! Why didn't I think of that? · 0 minutes ago
Of course it seems pretty obvious, but I've heard too many people say, "they wouldn't dare" as reason not to worry much about tyrannical leftist justices subverting our basic constitutional principles. For most new justices, reverence for the Constitution takes over, but not always, and apparently less so as the nation ages.
Jul '11
Re: What's at Stake in This Election
One more bad justice to replace any of the conservative ones and we're in trouble, two and we are finished.This is the paramount issue this election.
Apr '11
Re: What's at Stake in This Election
Scalia (76), Kennedy (75), and Breyer (73) are the most regularly mentioned in these discussions. 3 justices is not all that likely, but a court with even one of Scalia or Kennedy replaced by an Obama appointee would make for a very different America. If Breyer timed his departure for a liberal President, and given improvements in medicine, we'd be looking at another thirty years of inexorable liberal judicial expansionism. Obviously, any justice can have to be replaced at any time; we're all subject to the vicissitudes of life. And, FDR-like, Obama is keen to apply pressure to them.
Re: What's at Stake in This Election
Thanks for the plug, Adam. Even if Justice Kennedy should join the four conservatives (Roberts, Scalia, Thomas, and Alito), the conservative victory would be short-lived without more gains in the November elections. Justices Scalia and Kennedy will be 80 by the end of the next presidential term -- the average age of retirement of Justices since 1968 has been 80. The winner of this November's election will be able to appoint a firm majority of the Court, one that could overrule any decision limiting the Commerce Clause issued by the Court this summer. Only winning the Senate and the Presidency will be able to produce permanent, pro-market reforms of health care.
Re: What's at Stake in This Election
Hey etoile, thanks for the visual aid. Just try listening to Sotomayor's questions in the ObamaCare argument. It is painful. I've known many wise Latinas, and she ain't one of them.
Feb '12
Re: What's at Stake in This Election
Down with PayWalls! Post the piece here too so we can read it!
Apr '11
Re: What's at Stake in This Election
David Williamson
Brilliant point! Why didn't I think of that? · 3 hours ago
It doesn't have to be this year, though. Without the White House, all is lost, and we'll keep the House, so the question is about the Senate. At the moment, it looks like we'll lose Maine (to King, an Independent who'll caucus with the Democrats) and maybe Massachusetts. If we're winning the White House, we'll almost certainly keep Nevada, where much of the race will be about turnout. In our column, we get Nebraska, North Dakota, and Wisconsin if Walker wins and Thompson is picked.
That leaves 4 definite toss-ups (Missouri, Montana, Virginia, and Florida) along with two possible toss-ups; Ohio if Mitt picks Portman, New Mexico if he picks Martinez. We'd have to win one of those, and not lose Portman's seat if it was Portman.
Still, if disaster strikes, 49 Senators for a couple of years would see us into 2014 OK. 2014 has no defensive races, 10 offensive.
Apr '11
Re: What's at Stake in This Election
It's not just the SCOTUS that matters: This Obama appointed judge has just made a very, very big difference in Wisconsin. Read for the worst news of the week.
Aug '10
Re: What's at Stake in This Election
Frankly, this is what worries me about Romney. I could actually imagine him, if Ginsberg retired, choosing a nominee based on her sex, and on the same lack of a paper trail that gave us Souter. I couldn't imagine any of the other Republican nominees doing that.
Apr '12
Re: What's at Stake in This Election
A major reason for the "bad" justices we've gotten under Republican presidents is that they have had to nominate these justices with Democrat-majority Senates. Thus, they have had to nominate people they assumed would be conservative, but not conservative enough to be "Borked." An opportunity for a Republican president to nominate a Supreme Court justice with a Republican-majority Senate most likely would make a world of difference. However, I think Mr. DeRocco raises a valid point regarding Romney in that he is not exactly a movement conservative and may lack the instincts to choose solid conservative justices.
Aug '10
Re: What's at Stake in This Election
And it's not like we're going to get a filibuster-proof majority this election. If Justice Ginsberg is to be replaced by a real conservative, the Democrats won't respect any sort of anti-filibuster tradition.