Not sure if you’re following the comments in John’s post on some principled, Burkean winger law prof’s cri de coeur about the liberal bias of the American Bar Association. I’ll summarize: the guy whines that the ABA says more Obama nominees should be confirmed but it never said more Bush nominees should be confirmed
Since both sides do it, nominate unqualified people or obstruct qualified people, or whatever bad thing “it” is in this case, voilà, the ABA’s statement is proof of teh librul bias.
Some other principled Burkean winger law prof showed up to make this argument:
I’m surprised at the sloppiness in a post accusing someone else of being sloppy. President Obama has made judicial nominations at a far slower rate than his predecessors. Nonetheless, the rate of confirmation of his nominees is comparable (slightly slower for district courts, slightly quicker for appellate nominees).
I’m not sure what “nonetheless” is supposed to mean here. It sounds like it means the noble Republican Senate has confirmed the same percentage of nominees even though there were fewer nominees but that clearly makes no sense (though I think it is what he means, nonetheless) since, given that there is genuine work to be done in each confirmation, one would expect a larger number of nominees to cause a larger backlog — and thus, a lower percentage of confirmations.
Also too, if Obama had nominated a lot of judges, those two would undoubtedly argue “well, you can’t expect them to confirm too quickly, because he flooded the system blah blah blah overreach blah blah blah fiat nominations.”
I realize there’s a temptation to see Volokh Conspiracy as decent and honest because they oppose torture and executing innocent people (I’m guessing here as to why people like it, I don’t read the blog though I used to troll it quite successfully) and the front-pagers are the Daniel Plainview Chairs of Legal Ethics at their respective universities. But don’t give in. For one thing, you may think that legal scholarship is an intellectually above-board enterprise but in fact the law reviews are edited by students (I’ll let that sink in for you researchers in the sciences). For another, heh indeedy.