Daniel Horowitz’s Stolen Sovereignty: How to Stop Unelected Judges from Transforming America (2016), published before the presidential election, is proving to be prescient—even prophetic.
In the Weekly Standard, libertarian law professors Josh Blackman and Randy Barnett offer five recommendations to a new Republican President on how to select Supreme Court nominees. Conservative blogger and activist Ed Whelan disagrees with many of these recommendations. I thought I would weigh in on each of them.
1. Bruising confirmation battles are worth the political capital for a lifetime appointment.
Whelan largely agrees with this, but he points out that only certain Presidents will be willing to incur those costs. That is certainly true. I would assume that both sides believe that it is important to elect a President who is committed to originalism and lawfulness, and therefore who would be willing to fight the good fight on this issue.
2. Paper trails are an asset, not a disqualification.
I am excited to announce that Josh Blackman will be blogging here for February and March. I look forward to many engaging posts. A little bit about Mr. Blackman: Josh is an Assistant Professor of Law at the South Texas College of Law who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. Josh is the author of Unprecedented: The Constitutional Challenge to Obamacare. You might recall the fine review of Josh's book we featured a few months back. Cato discussed the book in an onsite forum when it was published. Josh is the founder…