In his commentary,Picking a judicial nominee who unites, Senator Biden is missing the point behind the Constitutional separation of powers.
The "Uniter" is the Executive office, good or bad. The SCOTUS is supposed to be an APOLITICAL group whose purpose is to see that the Constitution is upheld. No more, no less.
Apparently Biden has misunderstood about "advise and consent", as well. In the mind of too many, even some of the more rational Democrats, the election meant nothing. Guys, your side is in the MINORITY. The public has voted AGAINST you. Your poll numbers continue to slide. This is not the fault of the "right-wing media conspiracy", but your own reckless mouths, your own thoughtless obstructionism. Give this issue a complete and fair examination, but nothing more.
Rather than tell the President that you will "only approve" somebody who suits your narrow views, might I suggest another perspective? It doesn't matter who gets appointed. In fact, a strict constructionist of the sort that the President wants is more likely to support you, if you and your colleagues are genuinely, nonpartisanly conscientious in doing your own jobs. It's just when you & the rest of the power-brokers become a bunch of hacks and crooks, that you need to worry about the political makeup of the SCOTUS.
Most of us would rather NOT have politics on that judicial bench or any other.
Update: Power Line has a couple of good takes on this article.
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