Thursday, January 27, 2005

Scalia as Chief Justice might not be so bad

Slate argues that appointing conservative justice Antonin Scalia as Chief Justice might not be as bad an idea for liberals as it sounds.

The basic argument they make is that the Chief Justice doesn't have that much power. "If the religious right is salivating over the prospect of Scalia as chief when the seriously ill William Rehnquist retires, accede. Just demand that the president nominate a moderate associate justice in return and threaten filibuster and gumming up of the Senate in other ways if the deal falls through. This would be better than an even-up trade, since replacing Rehnquist's slot with Scalia, and Scalia's slot with a moderate, would ultimately swing some 5-4 decisions away from the conservatives."

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