Ginsburg in the "Balance"

It didn't matter then--it shouldn't now.

David Boaz | January 19, 2006

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For Alito:

"Alito Nomination Sets Stage for Ideological Battle; Bush's Court Pick Is Appeals Judge with Record of Conservative Rulings"

"With a Pick from the Right, Bush Looks to Rally GOP in Tough Times"

"Comparisons to Scalia, But Also to Roberts"

"Judge Participated in 2002 Vanguard Case Despite Promise to Recuse," and "Alito Leans Right Where O'Connor Swung Left"

Despite the Post's claim that Ginsburg was a centrist, she has in fact been a consistently liberal vote on the Supreme Court. Research by Richard J. Timpone, director of the Political Research Laboratory at Ohio State, finds that she is the most liberal member of the Court on economic issues and virtually tied with Justices John Paul Stevens and Steven Breyer on civil liberties. The Institute for Justice reviewed three years of Court terms and found: "The justices least likely to constrain government power and protect individual liberties were Justices Ginsburg and Breyer." Three years later they found the same results for Ginsburg's first seven terms: she and Breyer voted against protecting civil and economic liberties more often than any other justice.

The issue is not Ginsburg's record, but the media's notion that the Supreme Court exists in some sort of delicate balance which will be upset by the introduction of a conservative justice. The Senate has every right to consider whether Judge Alito will be too conservative, too accommodating to executive power, or too dismissive of discrimination claims. But the Supreme Court's current ideological makeup is not divinely ordained, and we should stop wringing our hands over whether he will "shift the court" in some direction.

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