October 13, 2018

ME, A WEEK AGO ON WHAT TO EXPECT POST-KAVANAUGH:

►Strange new respect for judicial minimalism. As Harvard Law professor Adrian Vermeule remarked, “Law review editors: brace for a tidal wave of legal academic theories supporting judicial minimalism, Thayerianism, and strong — very strong — theories of precedent. Above all: the Court must do nothing without bipartisan agreement, otherwise it is illegitimate.” The past half-century’s enthusiasm for judicial activism will vanish, as legal academia turns on a dime to promote theories that will constrain the court until a left-leaning majority returns, at which point they’ll turn on a dime again.

►New disrespect for the court: . . . If the court shifts right as expected, you can also expect legal academia and the news media, both of which lean very heavily to the left, to shift quite rapidly from near worship of the court to nonstop denigration. Some on the left are already talking openly of packing the court with additional seats, as Roosevelt tried to, if they get back in power. Others are talking about impeaching Kavanaugh, because, well, of course.

Now: Vox: The Case For Abolishing The Supreme Court.

Plus: Slate: The Supreme Court is a historically regressive and presently expendable institution.

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