Steve Vladeck: If qualified nonextreme nominees can be opposed this way, that means that the era of cross-party confirmations is effectively over.
, the statement seems more an attempt to rationalize a political decision already made than a serious effort to explain a principled change-of-heart.largely by referring to Jackson’s refusal to disavow court-packing, never mind that Jackson’s answer was virtually the same as the one given by then-Judge Amy Coney Barrett at her 2020 confirmation hearing, or that, as a justice, Jackson would have literally no say over whether Congress added seats to the Supreme Court.
on the court today to what had been the swing seat on the court — replacing Justice Lewis Powell. The vote on Bork came 13 months after the Senate unanimously confirmed Scalia. And Reagan’s next choice after Bork, Judge Anthony Kennedy of the 9th Circuit Court of Appeals, was also confirmed unanimously less than four months after Bork’s defeat.
As for the Trump appointees, there were far more than ideological objections to each of the three. Much of the objection to Gorsuch’s nomination was fallout from the Garland affair. The ultimate fight over Kavanaugh’s nomination had far more to do with the sexual assault allegations made against him than anything about his ideological preferences.
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