Monday, January 09, 2006

The Ginsburg Precedent Myth

This post from Media Matters points out the recent false claims from the right about the Ginsberg and Breyer nominations. Neither were really viewed as extremists at the time. In fact, Orrin Hatch (R-UT) has claimed in his book that he suggested these nominees and that "From my perspective, they were far better than the other likely candidates from a liberal Democrat administration." He also wrote: "Not many people realize this, but her voting record at the appellate court was very similar to that of another subsequent Supreme Court Justice, Antonin Scalia."

Ginsburg had a reputation as a moderate on the U.S. Court of Appeals for the District of Columbia Circuit. A June 15, 1993, Washington Post article reported that Ginsburg had "straddled the liberal-conservative divide of the D.C. Court of Appeals for the last 13 years" and that her "pragmatic, non-ideological approach" would most likely put her in league with such "centrist-conservatives" as justices Sandra Day O'Connor and David H. Souter.

Justices have changed their viewpoints after being appointed and I'm curious to look into that here. But doesn't it say something that these moderates are now the left wing of the court. Seems clear that the court is pretty far to the right.

No comments: