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
Jonah Goldberg at National Review Online asks: