I have, on occasion, expressed that while I didn't particularly care for President Bush (43) I regarded him as far better than Gore or Kerry would have been.
Yesterday gave me the most concrete example I've ever had.
Chief Justice Roberts and Justice Alito are Bush appointees and both Heller and MacDonald were 5-4 rulings.
A Gore or Kerry win would have meant that Rehnquist and O'Connor would very likely have been replaced with justices who would not have supported the 2nd amendment. A 3-6 ruling on Heller would have prevented MacDonald from being filed and we would not have 14th amendment incorporation today.
I also note that Sotomayor did exactly as I expected her to.
Thomas did not do what I expected at all, and that's a good thing! I think his concurrence should have been the majority opinion. He seems to be the only member of the court who bothered to read the 14th. The slaughterhouse cases are a bad decision; refusing to fix that because it's been a long time since falls under "justice delayed is justice denied."
Scalia's concurrence can be paraphrased in one sentence, "Fuck you Stevens!"
I hate to mention it after mocking Sotomayor's "wise latina" line; but Thomas has an obvious reason to be more aware of the history of the 14th than the other justices.
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