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Legal Commentary

: Althouse

Arlen Specter wants Justice Stevens not to retire this year.

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"I think the gridlock in the Senate might well produce a filibuster which would tie up the Senate about a Supreme Court nominee. I think if a year passes, there's a much better chance we could come to a consensus."

Obama should just pick a relatively moderate liberal judge. That would avoid the filibuster this year, and it's what he'll have to do next year. So what is Specter talking about?

Specter is bouncing off what Senator Kyl said:
"I think the president will nominate a qualified person. I hope, however, he does not nominate an overly ideological person. That will be the test," Kyl said. "And if he doesn't nominate someone who is overly ideological, I don't think -- you may see Republicans voting against the nominee, but I don't think you'll see them engage in a filibuster."
So, you see my point. Maybe what Specter is really thinking is that it will hurt the Democrats in the fall to spend the summer paying attention to the subject of liberal ideology on the Supreme Court. Specter has been on the Senate Judiciary for a long time, both as a Democrat and a Republican, so he knows all about the way the 2 parties manipulate the occasion of Supreme Court nominee hearings.

Full post as published by Althouse on April 05, 2010 (boomark / email).

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