The circus is back in town

Well, here we go again.  The "Borking of a good man" show is off and running. It will include 2020 presidential candidates positioning themselves for the first debate of 2020.  "I stood up to Kavanaugh" is now the latest rallying cry of the resistance! And what would a Supreme Court confirmation be without someone in the back of the room screaming that "her rights" are at risk? For some, the mere thought of a Justice Brett Kavanaugh is enough to scream this or that. For many of us, a future Justice Kavanaugh will be a step in the restoration of our constitution. I agree with Stephen B. Presser: Fifty years ago there was a fragile consensus, even in our great law schools, about how justices were to go about doing their jobs.  That consensus was formed by admiration for Felix Frankfurter, the occasionally mercurial, but stunningly brilliant, appointee of Franklin Roosevelt.  Frankfurter, contrary...(Read Full Post)
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