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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

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    Federal Judicial Selection Proves the Point (none / 0) (#5)
    by Publius on Wed May 25, 2011 at 12:47:28 PM EST
    I've had suggested to me that since Federal judges are appointed, not elected, that merit selection is fine and dandy.  There are three fallacies with this position.  First, that assumes Federal judges are indeed fine and dandy.  I submit a large number of them are wildly leftist in orientation (Proposition 8, anyone?).  Second, Federal judges must be confirmed by the Senate, and are often required to testify.  So there is an airing of their positions, their competence, and a vote by elected representatives; they don't assume their bench seat simply because the Michigan Bar Association activists handpick them.  

    Third, there has long been a weird asymmetry in approaches to Federal judicial appointments, with Republicans by and large taking the position that the President is entitled to the judges of his choosing, and the Democrats taking the position that the courts are a crucial field for imposing their policies and therefore conservative judicial candidates must be opposed by any means available.  Bork? Estrada? Owens? Saad, Boyle, Myers, Haynes and Wallace?  Keisler, Robert Conrad, Matthews, and Glen Conrad? William Smith, Shalom Stone, Loretta Preska, Gene Pratter, Paul Diamond? And literally dozens more. The list of excellent Republican judicial candidates blocked purely on ideological grounds is long; the list of Democratic nominees blocked on ideological grounds is... Goodwin Liu.  And Liu would have been a poor choice for an appellate judicial position on any grounds, given his lack of any relevant experience and his publicly demonstrated bias.

    And make no mistake, the Democrats have found obstruction pays.  Not only have they kept off the bench many superb conservatives, Obama has filled at least nine Court of Appeals seats, and thirteen District Court seats, that the Democrats blocked Republican nominees from. In fourteen cases, the Democrats blocked second and even third nominees for the same seat.  Federal judicial appointments are not merit selection; they are an exercise in bare-knuckled power politics.  

    So no, I don't think the federal court experience demonstrates that "merit selection" is a good practice.  It demonstrates "merit selection" is all too often an oxymoron, like Peacekeeper missile, quiet riot, public education, and Congressional ethics.

    • What you said by JGillman, 05/25/2011 12:58:52 PM EST (none / 0)

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