Ginsburg and Breyer personify the "living" Constitution approach to which Robert Bork declared the opposition that cost him a seat on the Court. This was known about them at the time. Their appointments should have been defeated, in the name of a de-politicized Constitution. And if defeat was not possible, then enunciating principled opposition would still have been useful. Republicans in 1993 and 1994 had the crazy idea that something could be gained by soothing words and easy treatment of the nominees. But what was needed then and is needed now is political partisanship on behalf of a Constitution that stands above, and neutrally between, parties and ideologies. We will never, in our lifetimes, see such high-minded partisanship out of the Democratic Party. Whoever is in control of the White House and the Senate in years to come, we need the Republican Party to prosecute the war for the Constitution, not to perpetually remain on defense. Too much is at stake to play beanbag
Tuesday, October 23, 2007
Bring on the litmus tests
A Call to Partisan Arms in defense of the Constitution