Thomas Sowell

Democratic presidents appoint judges who will push their political agenda from the federal bench, even if that requires stretching and twisting the Constitution to reach their goals.

Republicans too often appoint judges whose confirmation will not require a big fight with the Democrats. You can always avoid a fight by surrendering, and a whole wing of the Republican party has long ago mastered the art of preemptive surrender.

The net result has been a whole string of Republican Justices of the Supreme Court carrying out the Democrats' agenda, in disregard of the Constitution. John Paul Stevens has been just one.

There may have been some excuse for President Ford's picking such a man, in order to avoid a fight, at a time when he was an unelected President who came into office in the wake of Richard Nixon's resignation in disgrace after Watergate, creating lasting damage to the public's support of the Republicans.

But there was no such excuse for the elder President Bush to appoint David Souter, much less for President Eisenhower, with back-to-back landslide victories at the polls, to inflict William J. Brennan on the country.

In light of these justices' records, and in view of how long justices remain on the court, nominating such people was close to criminal negligence.

If and when the Republicans return to power in Washington, we can only hope that they remember what got them suddenly and unceremoniously dumped out of power the last time. Basically, it was running as Republicans and then governing as if they were Democrats, running up big deficits, with lots of earmarks and interfering with the market.

But their most lasting damage to the country has been putting people like John Paul Stevens on the Supreme Court.


Thomas Sowell

Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.

Creators Syndicate