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(Excerpted from New York Times, Friday,
Nov. 4,
2005)

Ideology serves as a wild card on court pick

The debate over what criteria senators should use in deciding how to vote on Supreme Court nominees is almost as old as the court itself, because the Constitution offers the scant instruction that justices should be appointed ''with the advise and consent of the Senate.''
Should education, temperament, experience and integrity be the sole determining factors? Or should ideology, a nominee's political leanings and predictable stands on the hot judicial disputes of the day, also have a major role?
Lee Epstein, a professor of law and political science at Washington University, said that to expect senators to engage in an apolitical confirmation process was unrealistic.
''If their constituents think ideology is a good reason to vote against a nominee,'' Professor Epstein said, ''they're going to vote against him.''

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