Distinction Without A Difference
By Brad Plumer, writing about John McCain’s stated intention to delegate his judicial nomination decisions to Sam Brownback, correctly notes that liberals who expect a secret socially liberal McCain to emerge from behind a mask of 0% NARAL ratings, votes for Robert Bork, support for complete bans on abortion, etc. are people you definitely want to invite to your next poker game.
To add to the amusement, Brad notes the apparent conservative consternation over McCain’s alleged statement that he would appoint justices like John Roberts but not like Sam Alito. So, in other words, instead of appointing justices who will reach conservative results in 24 out of 24 5-4 cases he’ll appoint…justices who will reach conservative results in 24 out of 24 5-4 cases. To call the distinction between them “paltry” may overstate it; they’re remarkably similar judges, wrapping wholly doctrinaire reactionary positions behind a meaningless veneer of formal minimalism. If you switched the names on their opinions at random I don’t think anyone could tell the difference. I’d love for a reporter to have McCain explain the distinction, but at any rate what we’ve learned is that if John McCain was president by the end of his term Antonin Scalia would probably be the median vote on the Court.