Judge Kathe Tuttman and the Ghost of David Souter

Monday, November 26, 2007

MITT ROMNEY

Several readers think the comparison of Judge Kathe Tuttman to Bernie Kerik is unfair. I'd just point out that Tuttman is why Romney can no longer go on the attack against Giuliani on Kerik; it's easy to picture during some future debate Giuliani responding to the jab, "Yes, my friend had ethical problems that he hid from me. I didn't look hard enough. But none of my appointees put a murderer back on the streets to kill again; no wrong decision I've made has ever cost an innocent couple their lives. How about yours, Governor?" It would be a "you're no Jack Kennedy" moment.

Radio talk-show host and NRO contributor Michael Graham says the issue is "diversity picks" in the judiciary. Perhaps, but the reason I think this story will hit conservative political junkies in their bones is because it seems like a lower-court version of the David Souter drama.

If you look at conservatism for the last thirty years, one of the most traumatic - moments isn't the right word; decisions - was the choice of David Souter to the Supreme Court. Clearly, President George H. W. Bush didn't believe he was appointing another liberal to the court. The man was a cypher, or at least that was the tone of the coverage back then. I remember Jay Leno joking that when Souter went to the grocery store, he refused to take a stand on paper vs. plastic.

Conservatives had their gripes with George H.W. Bush, but few thought that he was a closet social liberal; this is the man who fought to get Clarence Thomas on the court. The book on the Souter nomination was that a well-meaning president got fooled, by the justice and perhaps by his sponsors, Warren Rudman and John H. Sununu. The lesson: even a good Republican president and good Republican advisers can put another liberal justice on the court if they're not intensely careful.

Since Souter, this question of "will he turn to the left?" has hung over every Republican judicial appointment. (For some reason, Democrats don't worry that their picks will turn to the right.) I'm certain Mitt Romney had no idea that Tuttman would make such a horrific, tragic decision. But then again, the first President Bush had no idea that Souter would become part of the Court's liberal bloc.

11/26 09:40 AM Share