The nomination process for the Supreme Court has taken a welcome turn towards civility under President Clinton. The Ginsburg and Breyer nominations have been notable for the lack of partisan attacks on either nominee. However, analysis of the nominees' prior judicial record by the media and some observers continues to be outcome oriented rather than theory based. This single-minded attention to the ultimate "winners" and "losers" in a case creates the illusion of a particular political ideology on the part of the judge, with little true predictive value.
Edward A. Fallone,
Clinton Court Is Open for Business: The Business Law Jurisprudence of Justice Stephen Breyer, The,
59 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss4/2