Jonathan Turley – Below is my column in the Hill newspaper on why the most creative and productive individuals are often disfavored in our modern confirmation system. With the announcement of the new nominee this evening by President Donald Trump, we will have the state of a counter-intuitive process that favors those who are the least forthcoming or open about their views.
Here is the column:
In his influential book, “Why Big Fierce Animals Are Rare,” ecologist Paul Colinvaux explained that big animals are top predators but require more food and energy to survive. Smaller animals require less of both, and present less of a target to predators, and therefore tend to survive.
The same is true for Supreme Court nominees. Most are not especially remarkable in their prior rulings or writings. They are selected largely for their ease of confirmation and other political criteria. Big fierce minds take too much time and energy to confirm, so White House teams look for jurists who ideally have never had an interesting thought or written an interesting thing in their increasingly short careers. Continue reading