Is there a more self-serving, mendacious political/civic actors than lawyers,in or out of Judicial robes? What citizen, a presiding judge, declares to his civic equals that the American Law Court is above Morality, as if it were a trivial matter?
Prof. Post’s hand-wringing essay on Kavanaugh is a-historical, not to speak of crouched in the search for bourgeois political respectability. The lawyers first order of business! He forgets that the rise of the Neo-Confederate /Originalists, and their fellow travelers, started with Brown v. Board I and II, in the last half of the 20th Century. In the establishment of the Federalist Society, an historical recrudescence of ‘The White Citizens Councils’ that metastasized quickly.
The nominations of Rehnquist, Scalia , Thomas , Alito and Gorsuch are about the rise of these American Political Romantics, and their unslakable racism, misogyny and strong embrace of a Corporatist ethos.Where does that place Justice Kennedy in the pecking order of this motley crew? Citizens United is all we need to know of this fellow traveler!
In sum, the Plantation Mentality of the Antebellum era is Mr. Kavanaugh’s métier. He is the final vote that will enable the end of Roe v. Wade, and other impediments to the re-ascendant Patriarchy! Will the Court, as in the case of Citizens United, aided by the mendacious Justice Roberts, go slow? or will the Court be radicalized i.e. Trumpified?