8/21/2004

What would a Kerry Supreme Court look like?

It would certainly be better than the Dubya Supreme Court, but...

Republicans (and conservatives), of course, have a highly activist constitutional vision -- including rolling back Congress' ability to regulate interstate commerce, rolling back federal regulations, strengthening the presidency, protecting property rights, and dismantling much of the legal framework upholding the New Deal. Right now, the Democrats have no countervailing ideals. Bland Kerry appointees in the mold of Stephen Breyer may cast liberal votes here and there, but they will likely do little to fight the Rehnquist Court's rollback of federal regulations. Without a stronger legal vision, liberals could ultimately lose the battle of the courts, even if Kerry does get elected.

Somehow, I'm not feeling too excited right now.