Monday, July 23, 2018

Hypocrisy, God, and the Originalism of Judge Kavanaugh

...So, in a challenge to what amounts to amending the clear words of the Constitution without authorization, a challenge about the clear text, Kavanaugh the Originalist ignored that text, got his history wrong, and seems to have manipulated history and tradition to reach the conclusion he preferred. If originalism was more than a marketing strategy, conservative judges like Roberts wouldn't add words to the clear presidential oath laid out in the Constitution and Kavanaugh would not have defended the practice. If the dead letter of the Constitution mattered above all else, they would have made a hard decision that would inevitably have disappointed conservatives. Instead, they went out of their way to bend history and ignore the text...

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