an unanticipated consequence of
Jack M. Balkin
Thursday, June 06, 2013
Without getting into the allegations now being made against Judge Edith Jones (of the Fifth Circuit), a pretty good argument can be made that George H.W. Bush's decision to nominate David Souter instead of her in 1990 was the most important constitutional action of the last two decades. According to media accounts, Souter and Jones were the two finalists, and the President made a list of "pros and cons" on a pad for each candidate before going with Souter. Imagine how different the Supreme Court's doctrine would look now if Justice Jones had been nominated and confirmed.