Me: Okay, liberals, you lost on the Kavanaugh thing. It’s important that you keep your wits about you, regroup and not get too crazy.
I reached out to Mark Tushnet, a law professor at Harvard University, to talk about the case for abolishing the Supreme Court.
Tushnet, taking a position I’m absolutely sure he held before Justice Kavanaugh was sworn in, seriously argues against the very idea of judicial review:
…as a matter of basic democratic principle, the people ought to be able to consider policies and then vote on them without having the courts step in and say “no.” So from a democratic point of view, it’s hard to justify allowing the courts to single-handedly overrule popular will whenever they choose.
Here in Canada that’s why we have section 33 of the Canadian Charter of Rights and Freedoms, aka the “notwithstanding clause.” And in Quebec it’s working out just great for vulnerable, marginalized groups.
I can’t say I’m happy with American politics at the moment. But please, Democrats, spare me your whining about rules you were perfectly okay with when you were winning.
UPDATE: you will not be remotely surprised to know Tushnet felt differently when he thought Hillary was going to win.