The EFM Feature

OK Nancy, you shamed me. I need to resume posting (life has been very busy lately), and what better way to start than by discussing the Prop 8 case. Or, more precisely, let me point you to my NRO post where I describe how Judge Walker essentially acted as a judicial theologian, declaring as a “finding of fact” that Christianity was “harmful” to gays and lesbians.
I don’t think I need to explain how dangerous and extreme such a “finding” is.
By the way, if this case doesn’t re-emphasize the importance of wise judicial nominations, I don’t know what will. Judge Walker was nominated by a Republican, George H. W. Bush. But then so was Justice Blackmun (author of Roe, nominated by Nixon), Justice Souter (George H. W. Bush nominee), Justice O’Connor (Reagan), Justice Kennedy (Reagan), and any number of other Supreme Court justices and lower court judges who’ve gone on to write opinions that sometimes depart dramatically from any conceivable originalist constitutional philosophy.
Judicial nominations are not an exact science, but George W. Bush did well. And for that we all owe him a debt of gratitude.


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