Here at Text & History, we have been critical in the past of how Barack Obama talks about his potential nominees to the Supreme Court.
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Earlier this week President Bush was in Cincinnati, delivering a speech that touted his judicial legacy:
Our Founders gave the judicial branch enormous power. It's the only branch of government whose officers are unelected. That means judges on the federal bench must exercise their power prudently, cautiously, or some might even say, conservatively. (Laughter.)...
Conservatives have learned how to talk about judicial nominations and the future of the Supreme Court in ways that rally the base while not alienating the political center, and progressives haven't mastered this trick.
While the Supreme Court Term that starts today doesn’t yet have the constitutional blockbusters of last year, it nonetheless holds some cases that could be the sleeper hits of the constitutional canon. From government accountability to federalism to voting rights, the Court will have the opportunity to significantly strengthen—or constrict—several fundamental constitutional principles. In all of these cases, the text and history of the Constitution speak to the questions presented and point to progressive outcomes.