The Right Coast
November 12, 2005
Supreme Court Balance
By Mike Rappaport
My friend, John Manning, has penned an op ed arguing against the view that Sam Alito should not be confirmed because he might alter the balance of the Supreme Court. Here is an excerpt:
As a matter of principle, to suggest that presidents should select nominees who will leave the court's ideological composition intact implies that the court's jurisprudence is always precisely where it should be - that nothing can ever be gained from a change in the perspective, experience or philosophy of any justice. Even more troubling still, the baseline for assessing "balance" at any given moment is almost entirely arbitrary. If today's balance differs from that of an earlier court, presumably past presidents and Senates already violated the balance principle when they selected and confirmed the members of the court that we now seek to preserve.This is all a nice way of pointing out that Schumer's concern about balance is hypocritical and result oriented. But what else would we expect from Senator Schumer?