SCOTUS Nominations Warning: Do Not Confuse Relief with Joy

I have written an article to place in perspective the argument, recently advanced repeatedly, that the election of Mitt Romney would spell the end of liberal judicial activism. That is far from certain. 

The virtue of being not-Obama must not be confused with virtue. While defeat of Obama should be a basis for relief, it does not follow that election of Romney should be a cause for joy. The latter case would assure nothing beyond the avoidance of absolutely certain judicial disaster. But avoiding a guarantee of what would happen is not a guarantee that it won't happen anyway.

As readers of this blog know, but the public does not, for the last six decades, the sorry history of harmful liberal judicial activism has largely been a history of handiwork of Republican appointees.

So optimistic assurance is no substitute for real vetting -- and fighting! Credible objections to nominees must be taken very seriously by constitutionalists rather than set aside just because the president is purportedly conservative.

No Republican president can be relied upon. None! Not ever!

If Obama wins, the judicial war will be lost for a generation and possibly forever; but it does not follow that, if Romney wins, the war will be won. Unless proponents of fealty to the law and Constitution as written surrender at the outset, a Romney victory promises only the beginning of a protracted judicial struggle -- not only against the most venomous leftist character assassins but also against the inclinations of Republican presidents to seek "moderation" and also to buy easy peace from the assassins by compromising judicial integrity and principles.       

My article is entitled Supreme Court Warning to Conservatives: Do Not Confuse Relief with Joy.