If a Supreme Court vacancy unexpectedly develops this summer, the conventional wisdom is that President Bush will find it extremely difficult or impossible to get a strong proponent of judicial restraint confirmed by the Senate. Now that Senate Democrats are in the majority, the thinking goes, they can easily defeat any judicial conservative, especially if the nominee is replacing one of the five justices who are consistent (Stevens, Souter, Ginsburg, Breyer) or frequent (Kennedy) votes for liberal judicial activism. This conventional wisdom is unsound.
Read Original at: National Review
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