Weak Justification for Executive Overreach
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Before 1987, Supreme Court nominations were relatively peaceful affairs. Yes, there occasionally were bursts of controversy—the appointment of progressive activist Louis Brandeis in 1916, the promotion of conservative Justice William Rehnquist in 1986—but controversy was the exception, not the rule. Justice Antonin Scalia, a known conservative commodity, was confirmed in 1986 by a vote of 98 to 0. (“The two missing were Barry Goldwater and Jake Garnes,” Scalia later reflected, “so make it 100.”)
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Weak Justification for Executive Overreach
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