Legal Commentary

GOP To Filibuster Thurgood Marshall

By Big Tent Democrat

A clever headline from the WaPo - Kagan may get confirmed, but Thurgood Marshall can forget it:

"Justice Marshall's judicial philosophy," said Sen. Jon Kyl (Ariz.), the No. 2 Republican in the Senate, "is not what I would consider to be mainstream." Kyl -- the lone member of the panel in shirtsleeves for the big event -- was ready for a scrap. Marshall "might be the epitome of a results-oriented judge," he said.

[. . .] Sen. Jeff Sessions (Ala.), the ranking Republican on the panel, branded Marshall a "well-known activist." Sen. Chuck Grassley (R-Iowa) said Marshall's legal view "does not comport with the proper role of a judge or judicial method." Sen. John Cornyn (R-Tex.) pronounced Marshall "a judicial activist" with a "judicial philosophy that concerns me."

[. . .] The problem with this line of attack is that Marshall was already confirmed by the Senate -- in 1967. [. . .] "I was a little surprised," said Goody Marshall. "He would've probably had the same reaction I did: It's time to talk about Elena."

If the GOP regains the Congress in November, maybe they will impeach FDR.

Speaking for me only

Full post as published by TalkLeft on June 29, 2010 (boomark / email).