Unless the line-up changes, I think O'Connor will not be hearing it -- Roberts will -- and some unknown draft choice to be named later. That's going to make a difference. This one depends on the composition of the court almost entirely. I hate saying that. I spend my life teaching there is law here.
More Quotes from Douglas Kmiec:
We should look for a court with a lowered profile, a court that tries to resolve cases but one that does not discover new constitutional rights.Douglas Kmiec
He is inclined to the view of the First Amendment that the government is not intended to be hostile to religion. It is intended to be accommodating when it can.
Douglas Kmiec
The answer is no. The judge has no moral responsibility for the laws that his community enacts.
Douglas Kmiec
He has effected a sea-change in American constitutional jurisprudence. His sophisticated revival of federalism, in particular, renews that which makes democracy work -- not in theory, but on the ground. It gives divergent voices a chance to be heard and prevail, not in one venue, but in 50. Had the Court heeded his wisdom more thoroughly, there would be less nonsense about red and blue division and far less cultural warfare.
Douglas Kmiec
But he was entirely reliant on the quality of legal advice he received.
Douglas Kmiec
I don't think among the favored categories of gender and ethnicity, beyond Al Gonzales, the president has an obvious choice.
Douglas Kmiec
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