Kevin R. C. Gutzman

May 29, 2009

This is a pretty harrowing account of one of President George H. W. Bush’s appellate-court appointees, now tapped by President Barack Obama to replace one of President George H. W. Bush’s Supreme Court appointees.  While there is criticism of her from Republican quarters today, note that if Republican President George H. W. Bush hadn’t appointed Souter, but had chosen someone respectful of the Constitution, there wouldn’t presently be a Supreme Court vacancy to fill.  (Souter held off on retiring until Obama was in place so he could be replaced by someone like Souter.)  If George H. W. Bush hadn’t elevated the apparent replacement to her current eminent station, she wouldn’t be in line to replace Souter.

And, of course, Republicans in the Senate could have blocked either one of those GHWB appointments, if they had cared to.  They didn’t.