Obama and McCain announced their choices yesterday at the Saddleback Civil Forum. Nothing too surprising about the choices, including McCain’s apparent block characterization of Justices Stevens, Souter, Ginsburg, and Breyer as legislators from the bench. Strange, though, that Justice Kennedy seemingly was left off both candidates’ list? I have heard more and more of my students expressing frustration and dissatisfaction with Justice Kennedy, for reasons similar to complaints that Jeffrey Rosen expressed not too long ago. So which is worse for a Supreme Court Justice: I know what I’m likely to get, and I don’t like it? Or, a Justice who plays hard to get?
Posted by Brooks Holland on August 19, 2008 at 12:42 PM