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I mean, seriously. Even that hippie rag The New York Times recognizes this is a problem.

Nobody seriously contends that President Obama’s judicial nominees are any less qualified than those of the prior office holder, George W. Bush. Nonetheless, the Times’ editorial states that at a comparable point in time 61.4% of Bush nominees were confirmed as opposed to less than 50% of President Obama’s nominees.

Many of these nominees have already been approved once or even twice by the Senate Judiciary Committe. One of these is University of California law professor Godwin Liu, who has even been endorsed by Bill Clinton adversary Kenneth Starr for his “independence and openness to diverse viewpoints.”

U.S. Supreme Court Justice Anonin Scalia gave a speech in Bozeman, Montana on Wednesday, in which he stated that if the vote were held today, he doubts that he would get the 60 votes needed for confirmation.

Strangely, he seemed to be implying that would have been a bad result.

He blames the politicized nature of today’s confirmation process on some judges’ reliance on the “living Constitution” doctrine. Justice Scalia interprets the Constitution with the aid of an 1848 Noah Webster dictionary. Because apparently, none of the changes in the last 150 years are relevant to interpreting the document.