Tuesday, October 18, 2005

Losing the Reagan Legacy

Randy Barnett, at the Volokh Conspiracy, links to this article by Dennis Coyle on Harriet Miers. The conclusion is rather sobering:

The nomination of Harriet Miers is another chapter in the lost promise of the Reagan revolution. From the heady days of the 1980s, there have been so many missteps, perhaps including the selection of the current president's father as the custodian of the Reagan revolution. The judicial legacy of the Bushes has been raised hopes and dashed expectations: The father left us Thomas, but also Souter; the son brings Roberts, but now Miers. This may be Bush's last opportunity to make an imprint on the Supreme Court, unless health forces Justice Stevens off the bench. The next resignation may well be that of Justice Scalia, fleeing in frustration.

The Republican hold on the presidency is razor thin, control of the Senate uncertain. There could well come a day, possibly sooner rather than later, when a Democratic president places a nominee before a Democratic Senate, and there will be little talk of keeping a balance on the Court. The Court will resume its leftward march, occasionally staggering back to the right. Conservatives slowed, but did not reverse, this trend.

The moment has passed; unless this nomination is derailed by the oddest of bedfellows, it would seem that this is, as Jim Morrison intoned, the end.
I hope he is wrong, but I fear he may be right.

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