The Mask of Moderation

The dynamics within judicial appointments reveal a strategic balancing act where nominees present themselves as moderate to secure confirmation while pursuing conservative agendas once in power. The example of Brett Kavanaugh's confirmation highlights this trend, where prominent figures might celebrate such appointments privately while publicly advocating for broad acceptance. Lewis Powell exemplifies this approach, having crafted a persona of a polite and moderate judge in order to gain approval despite implementing radical rulings. The Federalist Society's philosophy underscores the necessity of appearing conservative enough to be nominated while projecting a liberal image for confirmation, illustrating the complexities and contradictions inherent in the appointment process.