Might we not choose from the other 60%?
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If binge-drinker college students are the minority, shouldn't more of the best-qualified Supreme Court nominees belong to the non-binge-drinker majority? And isn't it wisest only to elevate to lifetime positions of extraordinary power those whose personal history is exemplary?
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Would you then advocate a federal judiciary, more than 40% of whose members were once binge drinkers?
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The Supreme Court's justices wield power without oversight, for life. In a democracy, such an institution can maintain its authority only if its legitimacy is beyond question. And its legitimacy depends upon the virtue of its justices, which must likewise be beyond question.
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It is a practical question, rather than a theoretical one, whether the Court can retain its legitimacy and authority. Rulings of the Court have been ignored before. They may be again.
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