from Kevin Williamson at National Review, Merrick Garland’s ‘Moderation’
It should not matter — if the law were the law. If the law is whatever our black-robed secular clerics say it is, then it does matter what sort of political views justices hold. And if it matters what sort of political views justices hold, then the Supreme Court is not a court, but something else.
Conservatives should not accept an extreme left-wing judicial activist. They should not accept an extreme right-wing judicial activist, if there were such a thing. They should not accept a moderate judicial activist, for the same reason that they would not shoot themselves in the foot with a firearm of moderate caliber. Litmus tests may be in bad odor with our self-proclaimed sophisticates, but here one is very much in order: The law is the law is the law, and it isn’t anything else. Those who believe otherwise do not belong on the Supreme Court any more than moderate phrenologists belong on medical-school faculties or moderate foxes should be assigned guard duty at the henhouse.