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Fancy liberal lawyer brain


During Brett Kavanaugh’s confirmation hearings, Mitch McConnell put out a handy press release quoting various fancy liberal lawyers who showered his man with praise. Neal Katyal had especially over-the-top praise for Trump’s second nominee:

“I think it’s very hard for anyone who’s worked with [Judge Kavanaugh], appeared before him, to frankly say a bad word about him. I mean this is a[n] incredibly brilliant, careful person … [H]e’s legendary for his preparation.”

Kavanaugh, needless to say, is the swing vote of the Court that just overruled Roe v. Wade in the dead of night with a laughably bad faith, unreasoned, and unsigned jotting. He has also continued to prove himself to be a completely undistinguished and highly partisan mediocrity. Reading the store brand Federalist Society sludge that emanates from his chambers I can only think of the late Robert Cover observing that he can’t imagine anyone caring about what Warren Burger says about the law, except for the fact that he holds the power of life and death over people.

All of this could make shilling for Trump’s judicial nominees because you might need their votes when engaging in your lucrative litigation practice look kind of bad! But don’t worry, he’s come up with a very plausible solution that means you don’t have to worry about what the highly esteemed Supreme Court just did:

Really. It’s “hard to see” 41 Republican senators blocking a federal codification of Roe v. Wade. Really. It’s hard to see the United States Senate, or the contemporary Republican Party, not respecting the “popular will.” You don’t say. (There’s also zero chance that his buddies on the Supreme Court would uphold such a law, but it’s entirely moot.)

How can any intelligent person even pretend to believe this shit? The thing is that the praise of fancy liberal lawyers for Trump’s Supreme Court nominees was worse than purely careerist cynicism. The need to believe that everything is gonna be alright when if comes to our beloved and legitimate-no-matter-what-they-do federal courts is constitutive. And part of the reason we’re so deeply screwed.

Not that there wasn’t a lot of cynical careerism involved here too:

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