It’s a little late for a “growth” spurt

Steven Lubet, a liberal law professor, identifies three reasons why he thinks liberals should support the elevation of Justice Scalia to Chief Justice, if President Bush nominates him. First, Lubet submits that the move wouldn’t make much difference because the Chief Justice wields little power. Second, he contends that Scalia wouldn’t be an effective Chief Justice because he’s a divider, not a uniter. Third, Lubet suggests, in the alternative, that as Chief Justice, Scalia might move towards the center.
Lubet’s first and second reasons may or may not be valid. As for the third, I would say there’s about as much chance that Scalia will “grow in office” as there was that his fellow duck hunter Vice President Cheney would.


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