Self-Defeating

David Bernstein says we should have second thoughts about Claude Allen's nomination to the 4th Circuit because he once worked for Jesse Helms, and Helms was an unreconstructed racist. Even leaving aside the arguments about whether Allen is somehow "tainted goods" because of this connection , this seems like a strange reaction.

I'm not saying Allen is necessarily qualified for the job (a cursory review of anti-Allen websites suggests he lacks anything near the requisite experience), but I'm confused as to how keeping another black man off the appellate bench strikes a blow against Jesse Helms' abysmal civil rights record.

UPDATE: Another Rice Grad agrees with me. Or I agree with him.

UPDATE II: Bernstein has posted an update/elaboration, and I'm very satisfied by the elaboration. I'd likely oppose Allen's nomination on ideology-neutral grounds (he just doesn't seem qualified) rather than those Bernstein lists, but that stems more from my desire to ratchet down the partisanship of these nominations/confirmations than anything else.