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If he is a Rehnquist, that would not be a cause for exultation in my book, but it would not be a cause for alarm. The court's balance will not be altered. But there is a reasonable danger that he will be like Justice Thomas, the most radical justice on the Supreme Court. It is not that I am certain that he will be a Thomas, it's not even that it's more than 50 percent, but the risk that he might be a Thomas and the lack of any reassurance that he won't, particularly in light of this president's professed desire to nominate people in that mold, is just not good enough. I hope he will not be a Justice Thomas but the risk is too great to bear.
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