Republicans are the True Democrats

Harvard Law's Cass Sunstein, who moonlights as an Obama advisor, warns against McCain Administration SCOTUS nominees:

With new members on the court, important environmental laws would face fresh constitutional scrutiny.

Imagine that!--treating the Constitution as "the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." Quelle horror!

Sunstein derides McCain's devotion to "strict construction and restraint" as "speaking in code" "to entrench the political views" of the right-wing. But, as National Review's Richard Garnett, observes, Sunstein himself employs a code, signaling:

the dangers that the election of John McCain poses to the enterprise of securing one’s preferred policies through courts rather than through legislatures. . . .

When Prof. Sunstein warns of "activism" and a "shift to the right," one suspects that what he is really saying is that he wants a Court that will invalidate measures he dislikes and approves ones he likes, and he worries that judges and justices nominated by McCain will not satisfy this want.

Exactly. Sunstein and other Dems normally evade a vote:

They push ever-expanding list of issues too important for debate, instead relying on judicial decrees imposed without regard to the will of the people. Ironically, therefore, the Democratic Party's notion of democracy is anything but democratic.

Breaking the code means voting to preserve your vote.

(via The Corner)