The Fallacies Of Feinstein's Judicial Fitness Standards

Law360 (July 20, 2020, 3:04 PM EDT) -- In a June 24 guest article published by Law360, Sen. Dianne Feinstein, D-Calif., decried the Senate's confirmation to the federal bench of appointees she characterized as "young conservative ideologues, many of whom lack basic judicial qualifications." Were that so, it would be cause for grave concern.

The charges leveled by Feinstein, however, in many instances amount to nothing more than disagreement with the senator's own policy preferences. I applaud the senator's candor about the reasons for her concern; she has largely not sought to disguise the partisan nature of her reservations about these appointees. But several of the tests she applies...

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