<< News Scan | Main | Q: Why Do Normal People Ignore Legal Academia? Part II >>

How Not To Pick a Supreme Court Justice

Sen. Chuck Schumer, who is leading the opposition to confirming Tenth Circuit Judge Neil Gorsuch to the Supreme Court, thinks that an effective way to do so is to feature the litigants who have lost cases before Gorsuch. The stupidity and danger to the rule of law of this tack is not possible to capture in words, but Ed Whelan gives it a good try here.

The idea that we should select Justices by focusing on which side won (or lost) in the cases they heard as lower court judges is just breathtaking.  It used to be that result-orientation was exactly what you wanted to avoid in judges; now, according to the Gorsuch opposition, it's exactly what you seek.

As long as the opposition is so fond of this perverted approach, however, I hope it will also trot out the numerous killers and rapists Judge Gorsuch ruled against, thus to hasten his taking his seat on the Court.

Leave a comment

Monthly Archives