Bench Memos

Re: Justice Owen?

In the column Jonathan cites, the usually level-headed Bob Novak has done it again, but even worse this time: In touting Priscilla Owen as the next justice, Novak asserts that her appointment would “guarantee a conservative court for 20 years.” But on the assumption that Owen would be a stellar justice, her appointment would not establish a conservative court for one day. As I explained in response to Novak’s similar (but more modest) assertion of a month ago, Justice Kennedy would still be the needed swing vote, and he cannot fairly be labeled conservative. Does Novak think otherwise?

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