without knowing the exact circumstances, and without the means to be on the internet for hours trying to find a cogent answer, i would say the included it in order to paint the nominee as being unmerciful or something similar in order to discredit the nominee.
i don't think they are terribly concerned about the behaviour of the bush appointees, but that's just a guess. i would guess it's the position(chief justice) and the tenure that is more frightening. too much change in too little time, that type of thing. i do not think it is fitting judicial behavior tho' to come up with new rights(no pun intended) or rule that way. what is in the constitution is fine, but what we have done as a nation is change it to read whatever we want it to read, to fit the circumstance and be able to say "hey look, i have a right to do this, it says so right here" even when the meaning that our forefathers meant is clear.To what other possible end a not-so-subtle (and incredibly inappropriate) "reminder" of expected judicial behavior?
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