George Will had championed for the court J. Harvie
Wilkinson. He was the judge who let it be known that Bush had
questioned him on his exercise schedule. Wilkinson had a careful
sensibility and wasn't an "extremist," wrote Will, arguing
against pure orginalism. So Will's constitutional
jurisprudence is itself a species, albeit it more
intelligent than most kinds, of liberal thought.Â
Will's ideal justice would be neither an originalist nor an
outright living-constitution-style activist.Â
Will scores at least one point in his column on Bush's
use of identity politics as a crutch. That can't be
defended. Yesterday Bush at the press conference kept saying
that Miers was a female "pioneer" in Texas. So? Does that
confer upon her some special insight into the meaning of the
Constitution? How can he make the case for justices as
apolitical and justify them on representational grounds?
topics:
Constitution
