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Why so much trouble nominating reliably conservative Justices? Part Two


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Paul Mirengoff

July 10, 2020

In this post from last month, I tried to explain why Republican presidents have far less success nominating reliably conservative Supreme Court Justices than their Democratic counterparts have in nominating liberal ones. The main reason, I said, is that the conservative legal movement in America has multiple strands, not all of which point adherents to a result that can be called, or agreed upon as, conservative.

(Snip)

In today’s Washington Post, a Harvard law professor, Adrian Vermeule, takes his shot at explaining the indisputable fact that “conservative justices often break ranks to give liberals a 5-to-4 majority, [but] liberal justices rarely do the same in reverse.” He dismisses two possible explanations, before embracing a third.

(Snip)

In any event, anyone presented to the president for consideration as a Supreme Court nominee — Judge Garland included — can be counted on to toe the left-liberal line once confirmed. The process by which Democratic presidents select reliable left-liberals for the Supreme Court is fool proof, and has been for many decades.

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July 10 2020

It has been a terrible month at the Supreme Court—the Court let us down yet again, and conservatives lost three important cases. Senator Ted Cruz and Michael Knowles break down the latest decisions dealing with transgender employment law, abortion, DACA, and also a small victory for school choice. Plus, is Chief Justice John Roberts is the next Sandra Day O’Connor?

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