Comments on: “Ask the Author”: Christopher Eisgruber and The Next Justice, Part II http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/ The Supreme Court of the United States blog Tue, 14 Feb 2012 20:42:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Big Sky Bob Jones http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13366 Big Sky Bob Jones Tue, 04 Dec 2007 17:30:50 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13366 "If an ideological purist, are there good grounds for confirming the nomination anyway?" Why not ask "If a moderate, are there good grounds for confirming the nomination anyway?" Ideology is the belief that ideas matter, that they have consequences. There is no reason to believe that bearing sole allegiance to the ideas presented in the Constitution is worse than weighing extraneous factors such as the political beliefs of the mean [or medium] voter, or whether, or not, one of the arguers happens to have fewer voters behind his position [which seems to be the definition of "political justice from disadvantaged persons and groups."] “If an ideological purist, are there good grounds for confirming the nomination anyway?”

Why not ask “If a moderate, are there good grounds for confirming the nomination anyway?”

Ideology is the belief that ideas matter, that they have consequences.

There is no reason to believe that bearing sole allegiance to the ideas presented in the Constitution is worse than weighing extraneous factors such as the political beliefs of the mean [or medium] voter, or whether, or not, one of the arguers happens to have fewer voters behind his position [which seems to be the definition of "political justice from disadvantaged persons and groups."]

]]> By: Big Sky Bob Jones http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13365 Big Sky Bob Jones Tue, 04 Dec 2007 17:14:49 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13365 Moderate justices share three characteristics: ... [3)] and an open-mindedness to novel claims of political justice from disadvantaged persons and groups. This defines the attitudes and beliefs of the politically correct. Moderate justices share three characteristics: … [3)] and an open-mindedness to novel claims of political justice from disadvantaged persons and groups.

This defines the attitudes and beliefs of the politically correct.

]]> By: Big Sky Bob Jones http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13364 Big Sky Bob Jones Tue, 04 Dec 2007 17:12:29 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13364 "Bush v. Gore was disturbing to many people because they worried that it violated this basic norm: people thought that if the roles of the candidates had been reversed-if Bush had been challenging the Florida returns instead of Gore-the justices might have changed their positions." People who believe this a simply speculating. Their is no factual basis, or evidence to believe this contention is true. “Bush v. Gore was disturbing to many people because they worried that it violated this basic norm: people thought that if the roles of the candidates had been reversed-if Bush had been challenging the Florida returns instead of Gore-the justices might have changed their positions.”

People who believe this a simply speculating. Their is no factual basis, or evidence to believe this contention is true.

]]> By: Big Sky Bob Jones http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13363 Big Sky Bob Jones Tue, 04 Dec 2007 17:11:07 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-13363 "For example, I recommend that senators ask nominees to identify some clear examples of times in their public lives when they have crossed party lines or broken ideological ranks. Senators Durbin, Kohl, and Schumer all asked Roberts a version of this question, and he politely demurred. That was his right, but his refusal to answer, together with his record, provided a perfectly legitimate ground for the Senate to reject his nomination." Again, this true on in the sense that the Senators voting against a nominee on this basis "creates a perfectly legitimate ground for the [electorates in their respective states] to reject [their candidacy for reelection.] “For example, I recommend that senators ask nominees to identify some clear examples of times in their public lives when they have crossed party lines or broken ideological ranks. Senators Durbin, Kohl, and Schumer all asked Roberts a version of this question, and he politely demurred. That was his right, but his refusal to answer, together with his record, provided a perfectly legitimate ground for the Senate to reject his nomination.”

Again, this true on in the sense that the Senators voting against a nominee on this basis “creates a perfectly legitimate ground for the [electorates in their respective states] to reject [their candidacy for reelection.]

]]> By: John Herbison http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-12940 John Herbison Fri, 16 Nov 2007 23:14:37 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-12940 Excuse me--that should have been Bill Klem. Excuse me–that should have been Bill Klem.

]]> By: John Herbison http://www.scotusblog.com/2007/11/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-12939 John Herbison Fri, 16 Nov 2007 23:13:54 +0000 http://www.scotusblog.com/wp/uncategorized/%e2%80%9cask-the-author%e2%80%9d-christopher-eisgruber-and-the-next-justice-part-ii/#comment-12939 The metaphor of an umpire calling balls and strikes is actually quite apt. Many justices, however, follow the motto of major league umpire Bill Kelm: "it ain't nothin' till I call it". The metaphor of an umpire calling balls and strikes is actually quite apt. Many justices, however, follow the motto of major league umpire Bill Kelm: “it ain’t nothin’ till I call it”.

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