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The Right Judicial Litmus Test(next president will appoint 4 supremes)
Wall Street Journal ^ | October 1, 2007 | Steven G. Calabresi

Posted on 11/18/2007 9:27:30 AM PST by enough_idiocy

Today the U.S. Supreme Court begins its second full term since President Bush’s appointments of Chief Justice John Roberts and Associate Justice Samuel Alito. Given the complaints made by many on the left and in the press about the Court’s alleged “radical turn to the right” last year, now is a good time to consider how the Court ought to decide its constitutional cases.

This question is made all the more urgent by the fact that on Jan. 20, 2009, six of the nine current justices will be over the age of 70, an age at which many people either retire or begin to wind down their affairs. There is thus a very real possibility that the next president could appoint as many as four justices in his or her first term alone. We may be getting ready for the biggest turnover in the membership of the Supreme Court since Richard Nixon’s election in 1968 brought the Warren Court to an end.

I submit that the proper basis on which we should evaluate the Court’s performance in this term and in the future is not whether it reaches “conservative” or “liberal” results in constitutional cases, but whether it reaches results that are faithful to the Constitution as written and understood at the time of its adoption. Likewise, the test for presidential candidates on the judiciary should be whether they can be trusted to nominate Justices who will follow our written Constitution.

The belief that judges and Justices should decide constitutional cases on this basis is known in academic circles as “originalism.” This approach may seem so obvious that it should hardly need a name, let alone a defense.

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 2008; constitution; judicialappointment; judicialnominees; robertscourt; supremecourt
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The next president may select up to 4 judges and thereby change the course of the Court! People cannot sit the next one out.
1 posted on 11/18/2007 9:27:32 AM PST by enough_idiocy
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To: enough_idiocy

I doubt it, in the next 5 years there will be no more than 2 SCOTUS appointments.


2 posted on 11/18/2007 9:29:58 AM PST by jveritas (God bless our brave troops and President Bush)
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To: enough_idiocy

If I were any of the conservative judges, I would put off retiring for four years, if Hillary is elected President. Because you know if Hillary is elected, she won’t be re-elected.


3 posted on 11/18/2007 9:30:06 AM PST by jdm
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To: enough_idiocy
If Hillary Clinton is the one who appoints for justices to the Supreme Court ... it will guaranty the end of the American Republic — probably forever.
4 posted on 11/18/2007 9:30:42 AM PST by BenLurkin
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To: jveritas

John Stevens (90 years old)and Ginsburg (ailing health?) will retire. Others are in good health and will stay put.


5 posted on 11/18/2007 9:32:44 AM PST by MinorityRepublican
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To: MinorityRepublican
Agree. I do not see other retiring besides Stevens (who may die of very old age before retiring) and Ginsburg who has health problems.
6 posted on 11/18/2007 9:34:17 AM PST by jveritas (God bless our brave troops and President Bush)
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To: jdm

Hillary Clinton will not be elected President, she simply is too unlikeable to be elected.


7 posted on 11/18/2007 9:35:22 AM PST by jveritas (God bless our brave troops and President Bush)
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To: BenLurkin

If Hillary Clinton is the one who appoints for justices to the Supreme Court ... it will guaranty the end of the American Republic — probably forever.
::::::
It has always been the tyrannical dream of the Clinton mob to take control of America through the judiciary. You can bet that with Hitlery in the Oval Office and a Socialist congress, the SCOTUS would become nothing more than an advocacy group for hard Socialism and the end of individual freedoms in America — they are already doing a pretty good job of that as it is (First and Fifth Amendment attacks).


8 posted on 11/18/2007 9:35:47 AM PST by EagleUSA
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To: jveritas

I doubt it, in the next 5 years there will be no more than 2 SCOTUS appointments.

and if the piaps appoints the replacements....God save the republic!!!


9 posted on 11/18/2007 9:35:51 AM PST by nyyankeefan
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To: BenLurkin
If Hillary Clinton is the one who appoints for justices to the Supreme Court ... it will guaranty the end of the American Republic — probably forever.

Agreed. And that's reason enough for me to vote for the GOP candidate next November. Whether I have issues with him or not.

10 posted on 11/18/2007 9:39:12 AM PST by freespirited (I'm voting for the GOP nominee.)
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To: nyyankeefan

Not really, Stevens and Ginsburg are very left wing already so no gain there for the left wing lunatics if they are replaced by 2 appointees by a left wing President, but again the next President will be Republican so I am not concerned.


11 posted on 11/18/2007 9:40:39 AM PST by jveritas (God bless our brave troops and President Bush)
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To: enough_idiocy

That’s why we need a Republican nominee that can be trusted to appoint conservative justices to the courts rather than one that merely makes empty promises to.


12 posted on 11/18/2007 9:42:29 AM PST by Ol' Sparky (Liberal Republicans are the greater of two evils)
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To: jveritas

I sure hope you’re right.


13 posted on 11/18/2007 9:42:37 AM PST by jdm
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To: jveritas
Hillary Clinton will not be elected President, she simply is too unlikeable to be elected.

Fraudulent voters love her - cheaters recognize their own. She will win unless this constituency can be severely limited.

14 posted on 11/18/2007 9:43:45 AM PST by Mygirlsmom (Bill and Hill are perfectly clear on the meaning of "is" as long as it's used in the word SOCIALIST)
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To: jveritas

“Not really, Stevens and Ginsburg are very left wing already so no gain there for the left wing lunatics if they are replaced by 2 appointees by a left wing President, but again the next President will be Republican so I am not concerned.”

I hope you’re right.

There are so many reason for us to win.


15 posted on 11/18/2007 9:45:28 AM PST by Rick_Michael (The Anti-Federalists failed....so will the Anti-Frederalists)
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To: Mygirlsmom

Fraud is always an issue in every election and in 2008 it is not going to be worse than 2004 or 2000.


16 posted on 11/18/2007 9:48:51 AM PST by jveritas (God bless our brave troops and President Bush)
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To: jdm

She may pull a Venezuela. She is definitely a class warfare specialist.

I would trust Bush with the Patriot Act powers, but never a person like Hillary Rodham.


17 posted on 11/18/2007 9:54:00 AM PST by 2ndClassCitizen
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To: enough_idiocy
"....There is thus a very real possibility that the next president could appoint as many as four justices in his or her first term......"

THIS is what the fight is all about and why this election is going to be a nasty street brawl.

The Dems know that they have much to lose for generations to come if they lose the courts.

18 posted on 11/18/2007 9:55:16 AM PST by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: jdm
Because you know if Hillary is elected, she won’t be re-elected.

I knew the same thing about Slick Willie.
Never underestimate the stupidity of our people.

19 posted on 11/18/2007 10:11:05 AM PST by ASA Vet
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To: jdm

I had a $20 bet that Bubba wouldn’t have been re-elected. I lost!


20 posted on 11/18/2007 10:21:29 AM PST by lilylangtree (Veni, Vidi, Vici)
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