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"[...] But the hardest question I keep getting from liberal law students -- and the most painful to answer -- is why so few of their heroes are in serious consideration. Let me be clear that Garland, Kagan, and Diane Wood all have admirers and enthusiasts. But for a generation of law students that has grown up revering American Constitution Society stalwarts such as Dawn Johnsen, Eric Holder, Pamela Karlan, John Payton, Laurence Tribe, Goodwin Liu, David Cole, and my own partner in crime Walter Dellinger, among others, the absence of most of these names from even the long shortlist is demoralizing.

"They understand that it's a foregone conclusion that there will be no risky pick for the court. They just aren't sure what makes their heroes so risky. [...] By calling even Obama's moderate shortlisters unhinged, conservative judicial activists have knocked any genuine liberal out of play in advance of the game.

"This has political implications, certainly, but my concern here is with the next generation of liberal law students, who continue to hear the message that their heroes are presumptively ineligible for a seat at the high court, whereas the brightest lights of the Federalist Society -- Judge Brett Kavanaugh, professor Richard Epstein, Clarence Thomas, Theodore Olsen, Ken Starr, and Michael McConnell -- are either already on the bench or will be seen as legitimate candidates the next time a Republican is in the White House. [...]

"So can someone please explain to America's progressive law students why most of the liberal speakers at their national conference are already confirmation war punch lines? Is there some kind of false equivalency between the two groups that makes ACS 'outside the mainstream' while the Federalist Society not only represents the mainstream but renders anyone outside of it hysterical? Why should conservative law students be moved and inspired by their legal rock stars while liberals are sent the message that theirs are outrageous?

-- Dahlia Lithwick, "The Sad State of the Liberal Law Student", 2010-04-15, Slate