Freedom Line Blog

If the rumors are true and Justices John Paul Stevens and Ruth Bader Ginsberg wind up stepping down from the bench in tandem, President Obama could throw a bone to Republicans and nominate one of their choices.  That would almost assure both nominees of confirmation.  But since that isn’t likely to happen, it will be interesting to see which Democratic identity group is first in line to claim the seat(s).

But wouldn’t it be nice if interpretive method were the controlling factor?  No matter who is on the current shortlist, it isn’t complete unless it includes Yale law professor Akhil Amar, the prolific author of Originalist constitutional works from a progressive viewpoint.  Though I don’t share all of Amar’s interpretations, I welcome the chance to have a brilliant jurist of the Left that agrees with Justices Scalia and Thomas that constitutional interpretation should begin with the text and its meaning at the time it was ratified.  Already, Amar is the most cited constitutional law scholar of his generation.  It would be nice to see such achievement rewarded with a position where he could put his theories into practice – and do battle with Scalia and Thomas.