Blogs > Liberty and Power > A Logical Fallacy?

Jul 3, 2005 3:40 pm

A Logical Fallacy?

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Keith Halderman - 7/5/2005

I do not believe that word Souter, who has recently voted twice(Raich and Kelo)that the Constitution provides no real limits on government power, should be used in the same sentence as decent legal judgement.

John Joseph Ray - 7/4/2005

Yes. All the discussion about SDO baffles me
She no longer matters

Tom G Palmer - 7/4/2005

I fail to see how what Roger Pilon stated is in any way a "logical fallacy." It seems that Mr. Brady has indeed missed something.

The replacement of a justice who was identified as a "swing vote" is likely to generate far more intense opposition than the replacement of a relatively more "predictable vote." One side will be more likely to enlist strong emotions to generate resources to throw into the fight, on the grounds that the court will now "lack balance," or "be too far tilted toward one side." Had the announced resignation been Thomas, for example, I doubt that the left would have been as agitated as they will be with the possibility that a vote that occasionally swung in their direction (notably on abortion issues) would be replaced by a justice who would not be likely to swing in that direction.

Roger Pilon's prediction is most certainly not a logical fallacy.

William Marina - 7/3/2005

My understanding is that the Lady will not "officially" resign until a replacement has been decided upon. If there is blockage that might be for a while, and also suggests she might have some "suggestions" as to a noninee to replace her.

Jonathan Dresner - 7/3/2005

If Rehnquist, or one of the other strong conservative justices retired, a Bush replacement with a strong conservative would preserve the current balance of the court (whether that's a good thing or not...) and be politically pretty neutral.

If one of the more liberal justices retired, there'd be strong pressure for Bush to name at least a moderate as a replacement, or face filibusters and highly motivated activist groups.

But O'Connor was appointed as a conservative and turned out to be more liberal than they expected. If Bush can replace her with a more consistent conservative, it solidifies a 5-vote bloc; if he replaces her with a true moderate, it keeps all the issues in play. If he pulls a Souter and mistakenly appoints someone with decent legal judgement, all bets are off.