Sunday, July 10, 2005

SCOTUS campaign strategy

Regarding campaign strategy for the upcoming Supreme Court confirmation(s), Patrick Ruffini advises focusing on the more unpopular leftist outcomes of recent Court decisions. In my own arguments, I prefer to stay focused on the procedural merits of originalism and the procedural demerits of a "living constitution," but I recognize that the majority of citizens are horribly ignorant about this issue, and that the Left's campaign will be very focused on outcomes too.

Here's a more academic curiousity. All the examples of unpopular leftist outcomes Ruffini cites are from judicial decisions no older than 2000. If Republicans had decided to fight Clinton's Supreme court nominations tooth and nail (which I think they should have), then could they have assembled a comparable list of unpopular leftist outcomes, or did leftist judicial overreach only recently become suffeciently egregious for it to be a winning issue for the Right in a confirmation campaign?

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