Eminent Domain

Today's New York Times seems to paint this weekend's Federalist Society Conference as a sad event. This article, linked via Althouse (come on, you should know by now that I don't read the NYT), makes the mood at the conference look pretty grim...

How glum was the mood? "Well, I guess I've just about climbed back from the ledge - the one I was about to jump off of," said Daniel McLaughlin, a New York lawyer who attended the convention. Mr. McLaughlin said he could not stop fretting over who would be confirmed to the federal bench in the next two years.

Wow, this guy took it pretty hard. How about some more bad news...

That is probably an accurate assessment. Senator Charles E. Schumer, a New York Democrat who has been outspoken in opposing Mr. Bush's nominees, said Friday that the election results "dramatically changed everything."

"The days when the Federalist Society would get just about anything it wanted are over," Mr. Schumer said.

That is probably true. It will be a rough two years for any judicial nominee with "Federalist Society, Member" on their resume. Senator Schumer will see to that.

I think that Professor John Yoo correctly portrays whatever sour feelings the Federalists have right now...

Professor Yoo said that the widespread dismay at the gathering was only over the prospect of judicial nominations, and that it did not signal any lessening of interest in conservative ideas. "The Bush effort to remake the judiciary has crested," he said. "We all will have to play defense for a while on this."

Emphasis added. Seriously, New York Times. We're not all sitting in our rooms, listening to the Sisters of Mercy's "No Time to Cry" while, in fact, crying. The judicial nomination situation is bad, but the Federalist Society is stronger than ever. Fear not, Senator Schumer. We will redouble our efforts. In the visible future, we will see a FedSoc-friendly majority on the Supreme Court.