WE WON’T BE FOOLED AGAIN? GOP Hopefuls Must Have Plan to Avoid Another Roberts/Kennedy

The key is a demonstrated commitment to following the original meaning of the Constitution, whether that leads to upholding or invalidating a “popularly-enacted” law. Avoid those who advocate “judicial deference,” “judicial restraint,” “judicial minimalism” or who condemn “judicial activism” or “legislating from the bench.” None of those catch phrases concern how to interpret the Constitution, and those who utter these largely empty homilies about judicial role are very likely to disappoint. And don’t let your nominees use “precedent” as an out either. By now, much precedent is pretty bad, and is itself merely living justices deferring to dead justices (when they care to). The confirmation hearing will be tougher, but no pain, no gain.

And you better have a Republican Senate that is will not restore the filibuster.

TO RECAP: Insist on a demonstrated commitment to follow the “original meaning” of the text wherever it may lead.

BONUS TIP: Don’t let a Bush nominate any justices.