November 10, 2005

Balance When it Suits Them

Regarding today's NY Times op-ed noted by Arad, one might ask if the Democratic senators fretting over Alito's potential to upset the "balance of the Court" also rue the dramatic shift in the Court's ideology engineered by FDR. That's the shift, starting in 1937, that removed the constitutional roadblocks to New Deal legislation and ushered in seven decades and counting of big government. Something tells me the answer is no, Democratic senators have no problem with the destruction of the Court's pre-1937 balance.

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