The most famous example is John Adams picking John Marshall after the Federalists got routed.
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I've read your writing on Garland. I completely understand your thoughts on this.
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IOW, you're bringing nothing to the table in terms of fact, history, or principle, just feelings & ad hominem & mistrust of historical expertise.
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I understand that you feel this way.
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I've put my case on the record at length, based on my research & expertise on the topic. If you had more than feelings behind your case, you'd offer it.
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I completely comprehend why you are making this argument and I fully understand your reasoning behind it.
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Replying to @RadioFreeTom @baseballcrank and
(I just happen to think you're full of crap, and that if a Democratic president were defeated by a Republican in November, even with a Dem senate - you'd figure out how to make it a principle in the name of God and country that no one could fill that seat until the next year.)
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This is another way of saying you do not actually believe in expertise. Be better, Tom. You were not always like this.
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I have always objected to the politicization of expertise. I even wrote about it in a book. I have always respected your intelligence and writing, Dan, but when it comes to a the sparkling prize of a SCOTUS nom, I do not trust your political motives. Not one nanometer.
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Replying to @RadioFreeTom @baseballcrank and
Also, remember that you changed the subject from "Ernst is making up a principle" to "but this thing has happened in history." You disingenuously changed the terms of debate from her normative implications to your shrug that "it happens." To take a phrase: Be better, Dan.
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When did she cite a principle? She cited a practice. The practice is supported in history. You are just flailing here because feelings. You have not a shred of fact or learning on your side.
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We disagree about what we saw her do. You think she was just stating history. I think she was making an excuse based on inventing a principle.
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Replying to @RadioFreeTom @baseballcrank and
And I think if it comes to getting a judge, you'd figure out how to undo all that, reverse your earlier writing, and then explain how a new reading of history convinced you that it's okay to do it. That's my reading of your writing. It's the view of one reader, Dan.
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