[Steve_Seattle]

"extraordinary ideological positions"

Fair enough, and that's exactly where the DEMOCRATS are vulnerable on judicial nominations. I sincerely believe that the originalist view is the one most consistent with the average American's view of how the law should work. It corresponds to the instructions given to every potential juror, i.e., base your decision on what the law says, not on what you think it should say.

[krazyrep]

Fair enough, and that's exactly where the DEMOCRATS are vulnerable on judicial nominations.

You're assuming Republican Senatorial leadership has a backbone. I, for one, don't.

[ken5050]

Concur..all the GOP in the Gang of 14 will support the cloture vote..but if Landreau, Salazar, Nelson, don't, they are toast..

[Khepera]

Thats what they tell you but truth is the jury IS the law and can decide any way it wants. Jury nullification is legal and valid.

[MamaTexan]

is the one most consistent with the average American's view of how the law should work. It corresponds to the instructions given to every potential juror, i.e., base your decision on what the law says, not on what you think it should say.

Not trying to pick nits here, Steve, but that is NOT what the Founders intended when they gave juries the power of nullification-

_________________________________________________________

SAMUEL CHASE (Justice, U. S. Supreme Court and signer of the Declaration of Independence; in 1804):
"The jury has the right to determine both the law and the facts."

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U.S. v. DOUGHERTY, 473 F.2d. 1113, 1139 (1972):
"The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...."

_________________________________________________________

LORD DENMAN, (in C.J. O'Connel v. R. ,1884):
"Every jury in the land is tampered with and falsely instructed by the judge when it is told it must take (or accept) as the law that which has been given to them, or that they must bring in a certain verdict, or that they can decide only the facts of the case."

_________________________________________________________

Any time a judge 'instructs' a jury as to how the should find is violating the defendant's right to due process...specifically the 6th Amendment right to an 'impartial' jury.