The Ginsburg Fallacy
To hear some Republicans tell it, letting Ruth Bader Ginsburg onto the Supreme Court was a tough pill to swallow. She was an ACLU-loving, bra-burning feminazi, but they supported her anyway, dutifully respecting the president's right to put his own stamp on the high court. Therefore, Democrats now owe President Bush the same deference when weighing his choice of Samuel Alito.
snip>
Strong argument -- if only it had happened that way. Either those peddling this conveniently muddled version of events don't remember it correctly or they are betting that others won't. Listeners beware: Those who don't remember history are condemned to be spun by it.
In fact, then-Judge Ginsburg was a consensus choice, pushed by Republicans and accepted by the president in large part because he didn't want to take on a big fight. Far from being a crazed radical, Ginsburg had staked out a centrist role on a closely divided appeals court. Don't take it from me -- take it from Sen. Orrin G. Hatch (R-Utah). In his autobiography, the Utah Republican describes how he suggested Ginsburg -- along with Clinton's second pick, Stephen G. Breyer -- to the president. "From my perspective, they were far better than the other likely candidates from a liberal Democratic administration," Hatch writes.
snip>
By contrast, University of Chicago law professor Cass Sunstein found that Alito, in the overwhelming majority of cases in which he dissented, took a more conservative stance than his colleagues. In short, if this were an SAT analogy, Ginsburg would not be to liberal as Alito is to conservative. Nor could her tenure on the high court be called "Ginsburg Gone Wild."
The rest is here -
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/14/AR2005111401021.html