Strengthening Constitutional Self-Government

No Left Turns

"The case was fixed"

Or so reads the Washington Times headline on the confirmation proceedings for judicial nominees to the Sixth Circuit Court of Appeals. At the center of the controversy is a 2002 memo from a Sen. Kennedy staffer advising the Senator to slow the proceedings:

The thinking is that the current 6th Circuit will sustain the affirmative action program, but if a new judge with conservative views is confirmed before the case is decided, that new judge will be able, under 6th Circuit rules, to review the case and vote on it.

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