Confirmation Contradictions

I've noticed an interesting irony in the conservative backlash against the Miers nomination. Many of them are upset because they just don't know where Miers stands on issues like abortion, affirmative action, gay rights, and so forth. But weren't they telling us a few weeks ago that not only do those stands not matter, but it's outrageous to even ask a nominee about them? Weren't they telling us with Roberts that the only thing that matters is that he's smart, knowledgable, loyal, thrifty and brave? In fact, weren't they telling us that they didn't have any "litmus tests", that those are only for liberals and not conservatives who just want someone who will "interpret the constitution, not legislate from the bench"? Here again folks, a perfect example of why you should never take simplistic partisan rhetoric seriously in this area. It just doesn't mean anything.

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In all the brouhaha over James Dobson being given secret information, I have maintained all along that James Dobson is lying. He first claimed to be given information by the White House that was "confidential" and that he "probably shouldn't have" that made him endorse the Miers nomination, but he…
I just came across this excellent post by Dan Herzog at Left2Right about the common conservative rhetoric of being opposed to "legislating from the bench." When he announced the Harriet Miers nomination, President Bush declared that "Harriet Miers will strictly interpret our Constitution and laws.…
Randy Barnett, my favorite legal scholar, has written an interesting essay on John Roberts and what his nomination says about the entire process. His take: But what sort of Justice will Judge Roberts make? I have no idea. I have never met him, so all I have to go on is his public record--a record…
Tom Goldstein of the SCOTUSBlog has an essay up on potential nominees and makes some interesting points. First, I think he places the abortion question into context: It is essential to Republicans that the President nominate someone who is very solidly conservative. To pick someone more moderate…

Game, set and match to Mister Brayton.

Or, word to yo' mama.