The Ginsburg FallacyBy Ruth Marcus
Tuesday, November 15, 2005; Page A21
To hear some Republicans tell it, letting Ruth Bader Ginsburg onto the Supreme Court was a tough pill to swallow. She was an ACLU-loving, bra-burning feminazi, but they supported her anyway, dutifully respecting the president's right to put his own stamp on the high court. Therefore, Democrats now owe President Bush the same deference when weighing his choice of Samuel Alito.
Ginsburg had "supported taxpayer funding for abortion, constitutional right to prostitution and polygamy," Texas Sen. John Cornyn (R) said at the confirmation hearings for Chief Justice John G. Roberts Jr. "And she opposed Mother's and Father's Days as discriminatory occasions. But nevertheless, Republicans . . . put that aside and supported her nomination because she had terrific credentials, and because President Clinton was entitled to nominate someone to the Supreme Court of his choosing."
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Strong argument -- if only it had happened that way. Either those peddling this conveniently muddled version of events don't remember it correctly or they are betting that others won't. Listeners beware: Those who don't remember history are condemned to be spun by it.In fact, then-Judge
Ginsburg was a consensus choice, pushed by Republicans and accepted by the president in large part because he didn't want to take on a big fight. Far from being a crazed radical, Ginsburg had staked out a centrist role on a closely divided appeals court. Don't take it from me -- take it from
Sen. Orrin G. Hatch (R-Utah). In his autobiography, the Utah Republican describes how he
suggested Ginsburg -- along with Clinton's second pick, Stephen G. Breyer -- to the president. "From my perspective, they were far better than the other likely candidates from a liberal Democratic administration," Hatch writes.
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/14/AR2005111401021.html