Cass Sunstein reflects on the Roberts and Alito hearings and doesnt like what he sees. The new "script" emphasizes "fidelity to law," which might get future Democratic nominees in trouble. Of course, he says, everything is much, much more complicated than that, but heres the bottom line, as he sees it:
That process has been successfully un-Borked. If President Bush is able to fill other vacancies on the Supreme Court, the right script is firmly in place. And if Democratic presidents are able to fill future vacancies, their nominees may well run into trouble, because it will be easy to characterize them as wanting to "add to the Constitution or subtract from the Constitution."
I shed no tears for Sunstein.