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What if the President and the Senate Just Pulled a Fast One?

What if the whole purpose of an independent judiciary is to be anti-democratic? What if its job is to disregard politics? What if its duty is to preserve the liberties of the minority — even a minority of one — from the tyranny of the majority? What if that tyranny can come from unjust laws or a just law’s unjust enforcement?

What if we have a right to insist that judges be neutral and open-minded rather than partisan and predisposed to a particular ideology? What if presidential candidates promise to nominate judges and justices who they believe will embrace certain ideologies?

What if history shows that Supreme Court justices appointed by Democratic presidents typically stay faithful to their pre-judicial ideologies? What if history shows that justices appointed by Republican presidents tend to migrate leftward, toward the middle of the ideological spectrum? What if some Republican-appointed justices — such as Sandra Day O’Connor, Anthony M. Kennedy and David Souter — migrated across

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Author
Andrew Napolitano
Judge Andrew P. Napolitano is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. Judge Napolitano has been Fox News’ Senior Judicial Analyst since 1998 and he is nationally known for watching and reporting on the government as it takes liberty and property.