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Chemerinsky's Advice

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Contrarian indicator Erwin Chemerinsky has this op-ed on law.com regarding SCOTUS nominations, and he predictably gets point after point wrong. We need more politicians on the high court, he says. No, we don't. Probably the best howler is this:

Simply put, Obama should pick a justice as liberal as Roberts and Alito are conservative. This is important for ideological balance and to fill a gap on the current Court: There is no justice as liberal as a William Brennan, a Thurgood Marshall or a William O. Douglas.

Once again, we see someone who is so far to the left he has no clue where the center is. The proper reference point is the median American voter. From that point, the present court is roughly centered, and the present justices on the left are at least as far from the center as those on the right. To have justices as far right as Douglas, Brennan, and Marshall were left, we would need people calling for Hammer v. Dagenhart, 247 U.S. 251 (1918) to be reinstated. Such people do exist, but none were ever seriously considered for appointment in any modern Republican administration.

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