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October 3, 2017

MORE SUPPORT for my theory, expressed earlier, that Ruth Bader Ginsburg was the source in that Jeffrey Toobin anti-Gorsuch piece from last week. If RBG can’t handle having Gorsuch around, perhaps she should retire.

I agree that this latest Toobin piece reads like fanfic. But then, that’s a lot of legal journalism these days. But it’s ultimately sounding a hopeless note: “In short, Ginsburg was saying to Gorsuch that he and his allies might control the future of the Supreme Court, but she wasn’t going to let them rewrite the history of it—at least not without a fight.”

I hope this means that Gorsuch is open to revisiting Baker v. Carr and Reynolds v. Sims, which were poorly considered and destructive, as I’ve noted more than once. At any rate, Congress could fix this under its Guaranty Clause powers, as I will explain in a forthcoming law review article.