Putting the debate over judicial nominees in perspective, an important Federalist Society white paper says “No“.
The addition of strict constructionist or “conservative” justices to the Supreme Court will not undermine the basic tenets of the new Deal and will not sound a clarion call for the renewal of pre-New Deal jurisprudence…. Even if certain justices might want to invalidate certain pieces of legislation, the Court’s strong adherence to stare decisis further ensurese that economic and civil rights laws will remain Constitutionally valide.
Comments are closed.