Remind me again why I’m supposed to have faith in the Burkean integrity of John Roberts and the gang:
Well, the entire blogosphere is talking about 5th Circuit judge Jerry E. Smith, who ordered the Justice Department to tell the court whether the Obama administration believes that Supreme Court has the right of judicial review (which the administration obviously does, as Judge Smith knows full well). I just want to note that according to a September 2000Baltimore Sun article, Judge Smith was seen as a possible Supreme Court pick for then-candidate George W. Bush
There’s a lot of hard-core wingers in the judiciary and they’re not going away. If you don’t think they’re going to flood the subway, you’re an optimist.