Thursday, July 1, 2010

David Kopel’s Wednesday Commentary column, “Sotomayor targets guns now,” is, unfortunately, an exercise in futility.

Nominees to the Supreme Court will be candid before the Senate only when evasiveness hurts their chances of securing appointment; evasiveness will hurt their chances of securing appointment only when senators hold nominees to account for it. This will never happen because candid nominees hurt both parties.

They hurt the party in power by putting it in the position of defending a nominee with controversial opinions. And, if the opposition has the clout to force candidness, they also hurt the opposition, which eventually has to have a hand in confirming one of them. Nobody who can put a stop to the evasiveness of nominees has an incentive to do so.

The practice will continue no matter how much time and ink is spent complaining about it. If Mr. Kopel’s purpose is reform, he would seem to be wasting his time.


Oakton, Va.

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