Stoned
Howard Bashman has a roundup of reactions to John McCain's recent speech about judicial nominations, including a column in the Chicago Tribune by Geoffrey Stone. It's kind of difficult to fathom why Professor Stone takes the position he does.Stone asserts that McCain is "ignorant" because McCain does not unquestioningly admire judges (like Justice Stevens) who were appointed by GOP presidents. But why is it smart to unquestioningly admire anyone? Stone also contends that McCain is "ignorant" because McCain believes that the actual intended meaning of the Constitution can require non-activist judges to strike down statutes. But why would Stone think that striking down a statute is always judicial activism? And, finally, Stone says that McCain "mocked" the lifetime tenure of federal judges when McCain said that some judges who are assured of lifetime employment show little regard for other governmental branches. McCain was obviously criticizing some judges' attitude, rather than criticizing the need for lifetime tenure. Since I've summarized the Stone column for you, feel free to now skip it.read more
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