Imagine if Trump survives impeachment by the Dem house next year by being acquitted in the still Republican senate, and then Ginsberg dies or retires for medical reasons and he decides to stick it to them by appointing the most conservative judge the Republicans in the senate will support. This will seem tame in comparison. What if Thomas retires, and Breyer has to step down?
I had a chilling thought today that all of these highly intelligent liberal jurists over the years have known that originalism is correct under the law but that if our society does not bend in the right places it will break, even if the bending is unconstitutional. I haven't thought it all the way through, but in that scenario if Trump appointments result in a long term 6-3 or 7-2 originalist majority court and the country keeps drifting into crazy land we could see a real challenge to our form of government from the left. Based on their behavior throughout history and very recently, I don't imagine them going through the slow process changing the constitution requires.
I had a chilling thought today that all of these highly intelligent liberal jurists over the years have known that originalism is correct under the law but that if our society does not bend in the right places it will break, even if the bending is unconstitutional. I haven't thought it all the way through, but in that scenario if Trump appointments result in a long term 6-3 or 7-2 originalist majority court and the country keeps drifting into crazy land we could see a real challenge to our form of government from the left. Based on their behavior throughout history and very recently, I don't imagine them going through the slow process changing the constitution requires.
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