Orin Kerr on Judicial Politics

Orin Kerr at The Volokh Conspiracy comments in part:

"Is it just me, or has the news relating to the courts and the legal system been a bit weird recently? The big stories in the past few weeks have been filibusters in the Senate, Justice Sunday, the alleged Constitution-in-Exile movement, and Tom DeLay's criticism of Justice Kennedy. All of these stories have something in common, I think. They are mostly proxies for the political struggle to confirm the Bush Administration's choice to replace the ailing Chief Justice Rehnquist."

It's a good observation, and undeermines my recent argument that compromise, which would preserve the issue, would work to the benefit of the interest groups on both sides.