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October 21, 2016

KEVIN D. WILLIAMSON: Hillary and the Book-Burners.

She began by arguing that the Supreme Court, and lesser federal courts, should be political partisans who take sides in disputes rather than adjudicate them according to the law. Many politicians — perhaps even most — believe that, or act in a way that suggests they do, but most of them feel at least the need to shamefacedly insist that judges are there to impartially apply the law. Not Mrs. Clinton. The Supreme Court that exists in her mind is the worst version of the highest judicial body, which is to say the American answer to Iran’s Guardian Council. The justices already wander into American-ayatollah territory too often, and it is only shame that constrains them. It is impossible to overstate the damage this is doing to our constitutional order, and to the legitimacy of the federal government itself.

What is worse — if something can in fact be worse — is that Mrs. Clinton seeks to unmoor the Supreme Court from the Constitution in order to pursue her own repressive and self-interested political program, namely the censorship of publications, organizations, and institutions that are critical of her.

Read the whole thing.