https://www.nationalreview.com/2020/04/a-joe-biden-scotus-list-would-be-good-news/
. . . for conservatives.
CBS News is reporting that liberal groups are calling on Joe Biden to release a list of potential Supreme Court nominees and “copy the playbook” of Donald Trump’s 2016 campaign.
At first glance, this seems like a useful idea. Trump’s SCOTUS list was a highly effective campaign maneuver, shoring up wobbly support from originalists and social conservatives. Before the election, I was highly skeptical that Trump would adhere to his promises on judges, but he has, and for many of us, these picks are the most important legacy of his first term.
But what does Biden gain from assembling such a list? Probably not much. In fact, it could hurt him.
While it’s true that the liberal base is animated by resisting conservative justices, contemporary Democrats have never been exceptionally troubled by the philosophical disposition of their judges, mostly because their presidents never make mistakes.
Of course, it’s easy to make the right call when you’re picking from a group whose only unifying ideology of jurisprudence is malleably partisan. There is no Federalist Society laying down intellectually consistent cases on the left, because there can’t be any consistency. There is virtually no space between the Left’s conception of Constitution and the Left’s constantly evolving views and policy goals. And those goals increasingly lay outside the limits of traditional constitutional governance. Liberal judges exist to justify, literally, those policy goals, and in the vast majority of cases, they do.