Friday, November 12, 2004
Justice Gonzalez?

Jack Balkin is right when he says that Gonzalez appointment as AG either means I do not think Bush intends to raise him to the Supreme Court, or this is a consolation prize.

Personally, I think Gonzalez is not going to make it to the SC. Why? Let's go over what could be the logic in raising him to AG post before making him a Associate Justice. If the Senate votes to confirm him now, it would be difficult for the same Senate to vote him down 6 months, or an year, from now. So, before November 2, when the Senate was split in half, it made sense for Bush to try a 1-2 punch on Senate Democrats to preclude a Senate filibuster.

But Nov 2 changed all that. With 55 members, a much more confident administration can be relied on to ride a rough shod over the moderate Republican (or, as they see it, weenie GOPers) like Chafee, Collins, and Snowe and nuke its way to getting a confirmation. Just ask ol' Arlen Specter. There is no need to use such stealth now.

I agree with Ryan Lizza - the conservatives have shot down Gonzalez for his slightly out of the orthodox line on an abortion case in Texas. Oh, about the Cato Institute - they can go shoot themselves. They have real big problems coming to them if they think Gonzalez is not strong on Civil Liberties.

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