A Supreme Court fight will help Democrats

There are two reasons nomination politics should favor Democrats. One is the Republican threat to refuse even a hearing on an Obama nominee. Yhat violates most people’s sense of fairness.

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The other is more ideological. Some of the issues that have energized conservatives have lost some of their power to motivate voters. Gay marriage, in particular, is no longer terribly controversial. A middle course that leaves abortion rights in place with restrictions sits well with the public, giving worries among liberals that abortion rights could be overturned more motivating power than the lesser fear on the other side of greater liberalization. Even at a time when anti-immigration fervor runs high among conservatives, the politics of the issue favors Democrats. That’s because it most strongly motivates Hispanic voters, a Democratic-leaning constituency.

Few potential nominees can match Srinivasan when it comes to assets that could be used to put Republicans on the defensive, including endorsements for his current post from prominent conservatives like the former solicitors general Theodore Olson and Ken Starr.

The diversity issue also carries political punch.

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