Legal Commentary

I have written about this before, but the Souter vacancy seems as a good a time as any to reprise this theme.  Of course judicial nominations are about the substance of the judge who is nominated, his or her judicial vision, how that vision reflects and affects partisan and ideological differences about policies, methodologies, and so on.  But, at least since Bork, they are also about -- money.  Groups that organize around partisan issues want and need -- and like! -- money.  Whatever people in DC, of various ideological stripes, may think about things like voluntarism, the free market, socialism, welfare, pay levels, and so on, I think they can all agree on one basic principle: namely, that they would all prefer to be paid large amounts of money by rich people to write op-eds, hold conference calls, and go on CNN or FOX News.  Some of them are more or less unfit to do anything else.  Others could be academics, but would prefer to be closer to the action and not have to deal with students.  So they fund-raise.  That fund-raising is not going to be as successful unless they can more or less continuously convince their supporters that any given moment is THE crucial moment, that the forces of darkness are one step away from permanent victory, and that only a donation can help stave off defeat.  ("Oceania has always been at war with Eastasia....")