Via sleepyirv, Exhibit Z for the proposition that a Republican Senate is not going to confirm a Democratic Supreme Court nominee:
@jbouie I think it's more a statement that current liberal judicial theory is inherently illegitimate.
— Ross Douthat (@DouthatNYT) November 1, 2016
See, the problem is that contemporary liberals lack such compelling constitutional theories as “the powers grated to Congress by Section 2 of the 15th Amendment are constrained by the Equal Sovereign Dignitude of the states, which can be located in the text of the Constitution…hmm, ok, but it is deeply embedded in the bare assertions of John Roberts and Roger Tan…er…Moving right along, Congress’s remedy must be consistent with [standard omitted], but since the chosen remedy has been too effective Congress no longer has its explicit textual powers to enforce the 15th Amendment.” That’s the kind of principled judgifying the noble Republican Senate conference wishes to preserve.
Anyway, the important thing to remember is that it’s not that conservatives dislike the potential substantive policy outcomes of a Supreme Court with a median Democratic-appointed vote, it’s that liberals lack a sufficiently rigorous constitutional grand theory. Hence, the ends justify any means.