Two years ago:
Famous liberal law professor says conservative SCOTUS nominee is actually awesome even though the prof thinks he's wrong about everything — because he's super smart!
*Five grafs in: Did I mention he was my law school student?
nytimes.com/2018/07/09/opi…
Today:
Famous liberal law professor says conservative SCOTUS nominee is actually awesome even though the prof thinks she's wrong about everything — because she's super smart!
*Four grafs in: Did I mention we clerked on SCOTUS together?
bloomberg.com/opinion/articl…
It's a remarkable denial of the raw political fact — accepted by every other player here — that the Supreme Court is an extraordinarily powerful force governing the lives of Americans, not an elite debating society for your generation's most spectacular legal minds.
"I would like to have a legal abortion."
"Oh, I'm sorry, the Supreme Court just decided you can't have one. But does it soften the blow if I tell you the person who decided that is, in many other contexts, thoughtful and kind?"
"I would like to be able to vote in my mostly black neighborhood without having to stand in line for 9 hours."
"Ooh, that's tough, the Court says they can close all the nearby precincts. Does it help to know John Roberts chose not to gratuitously take away your healthcare too?"
"I'm gay, and my boss just fired me when he found out."
"Sorry to hear! For the record, Samuel Alito thinks that's just fine and you should just deal. On the other hand, he is also lauded for his interpretations of Justice John Marshall Harlan II's writings, so cut him a break."
Would "I think you're totally wrong about all important issues, but you are SUPER SMART, so here, have all the power" make sense in *any* other political context?
Would McConnell ever say: "Senator Warren, we don't agree on much, but you're so bright — you be Majority Leader"?
It's fine to aspire to a less politically charged court.
But to go out of your way to endorse someone you think will make the lives of Americans *worse* — because you both worship the same meritocratic god and they're a pleasant colleague — man, that's something else altogether.
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