Thursday, November 03, 2005

Just now checking Tradesports, I expect Alito to be confirmed with over 80% probability. I'm generally happy about this. As noted by Randy Barnett and David Bernstein, we're probably no closer to a consistently originalist majority on the Supreme Court, in the sense that Thomas probably is and will be the only sitting justice who would vote to overturn New Deal precedents. However, I doubt another Thomas could get confirmed by the current Senate except by stealth, an option I think unacceptably risky.

1 Comments:

Blogger Brian said...

I think we're decades away from going back to the 1920's, if it can happen at all. Because of the power shifts inherent in the New Deal, FDR has been called the third founder of the American Republic after Washington and Lincoln. I fear persuading the current generation of citizens they want to live in a fundamentally different country than they do is a lost cause. The most likely path to your vision is probably increased socialization followed by some sort of huge crisis.

11/03/2005 10:04 PM  

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