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October 27, 2005
by Matt Barr

The death of stealth

I doubt it, I guess, but can we stop having this national (or at leat partywide) nightmare where we keep reliving the Bork hearings over and over and over again now? Two of the last three people confirmed to the Supreme Court have been impeccably credentialed, and were easily confirmed despite their political and/or ideological histories (that is to say, despite having political and/or ideological histories). Where is the demonstrable evidence that highly qualified nominees are unconfirmable? It's 20 years old, is where it is. Since Bork, which nominees have had the most trouble? (Not counting Ginsburg.) The two with the most lightweight judicial histories. Would you rather be hailed as a genius for seating the next John Roberts, or take a 50/50 chance your stealth nominee will turn out like Mr. Justice Thomas?

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