There are about 10 things to argue with in Steven Calabresi’s op-ed in the Wall Street Journal. Let me pick one for the moment. Calabresi appeals to those who are considering voting for Obama:
The net result is that the legal left will once again have a majority on the nation’s most important regulatory court of appeals.
Sounds frightening. Of course, that does suggest that the legal right controls the Courts now.
A point of fact: 61% of judges in the various Courts of Appeal were appointed by Republican presidents. And 7 of the 9 Supreme Court justices were appointed by Republicans. The fact that these Courts are now regularly called “leftist” seems to tell us more about how far the Republican party has moved than it does about the political leanings of the justices.