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Buyer's Remorse

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Judicial appointments are seldom a voting issue that makes much difference.  Items like the economy, unemployment, debt, and similar pocketbook issues tend to tell the tale. When crime is on the rise, as it was, for example, in 1968 and 1972, it too can become a voting issue.  Richard Nixon didn't win because of his charm. 

Still, it makes a nice parlor game for us legal types to wonder what judicial appointments might have been under a President Romney.  The game got more interesting yesterday, in light of a Washington Post poll that found Romney would win the election if it were held now.  He would prevail by almost exactly the same margin by which Mr. Obama did a year ago.

Some of Obama's appointments have been exceptionally bright and fair-minded lawyers; others, not so much.  But few of them share the judicial outlook and approach to law that Romney and most Republicans take, and one must wonder if cases like Laffler would have come out the same way with Romney appointees on the Supreme Court.  And there is the fact that Obama has three years to go, while Justices Scalia and Kennedy are not spring chickens.

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