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Naming Names So George Will Doesn’t Have To

By Judd Legum  

"Naming Names So George Will Doesn’t Have To"

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George Will, 3/20/05:

Some conservatives say there is a “constitutional right” to have an up-or-down Senate vote on nominees. But in whom does this right inhere? The nominees? The president? This is a perverse contention coming from conservatives eager to confirm judges who will stop the promiscuous discovery by courts of spurious constitutional rights. And conservatives eager to confirm judges respectful of the Constitution’s text should not read its stipulation that no nominee shall be confirmed without a favorable Senate vote as a requirement that the Senate vote.

Which conservatives are pushing this perverse contention?

George W. Bush, 7/7/04:

Their nominations are being held up, and it’s not right and it’s not fair…A minority of senators apparently don’t want judges who strictly interpret and apply the law. Evidently, they want activist judges who will rewrite the law from the bench. I disagree. Legislation should come from the legislative branch, not from the judiciary.

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