A Thin Line Between Love and Hate

So, it seems that my speculations yesterday about Rehnquist delaying his retirement to forestall an Alberto Gonzalez appointment, or to distract from the Plame leak investigation, have become conventional wisdom. I wish I could say it was my doing, but it was just in the air, I think.

I also made reference yesterday to the conservative responses to the possibility of Alberto Gonzalez being nominated to the Supreme Court. Some of those responses have been excessive, enough so to lead the President to request that the rhetoric be toned down. In the wake of that request, conservatives have attempted to make clear that the basis of their objection to Gonzalez isn't personal, but based on their perception of his judicial philosophy or attitudes. Either he isn't sufficiently opposed to abortion and/or affirmative action, or he isn't sufficiently committed to Originalism or the "Lost Constitution" or whatever. Since these "judicial philosophies" are usually little more than stand-ins for policy preferences, I see little difference. At least the more circumspect have noted that their objections are based on lack of knowledge about Gonzalez, rather than dissatisfaction with what they know conclusively about his perspectives.

The sight of conservatives turning on AG²'s possible nomination like a pack of rabid dogs should be amusing to progressives, since earlier this year they were fighting in favor of Gonzalez's confirmation as Attorney General. Many on the left opposed naming him as AG due to his involvement with the "torture memos," discussed at length in his confirmation hearings. Now, many of those critics are salivating, at least privately, at the prospect of moving him into the third branch. I'm not as certain that Gonzalez would be as moderate a justice as some people seem to believe, so I can't get overexcited about the prospect.

Speaking of amusing, if you must read only one conservative blogger's take on O'Connor's replacement, make it the Supreme Tort. Not only does the blogger (excuse me, editor-in-chief) use an all-black goth-metal theme, not only does he ostentatiously refer to himself in the third person (check out his "nomination" of Janice Rogers Brown for the Supreme Court,) he wrote a post comparing the upcoming nomination to a World Series at bat. This post treats us to a future of judicial decisions "splattered across our nation" (presumably after they are hit out of the park) and a comment on Plessy v Ferguson confusing Originalism (his judicial philosophy of choice) with Literalism.