Here's an idea for some intrepid blogger or fellow NROnik: What would be the constitutional history of the last couple decades if Robert Bork had been confirmed? That would mean Kennedy wasn't. It also might mean Souter wasn't -- since the need for stealth nominees might not have materialized.I *think* contra- and counter-factual would be the same thing, right? Regardless, there's an idea for someone. Run with it!
What decisions would have worked the other way? A couple readers say Roe would have been overturned in 1992. I think it'd be a great piece for someone with a serious understanding of the Court to write. It'd probably have interesting lessons for liberals conservatives alike, with liberals saying "shhweeeooooo" and conservatives saying "dang."
Monday, April 25, 2005
A Proposed "Contrafactual" History Project?
Jonah Goldberg at National Review Online asks:
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