That's what this is really about. I don't forget it for a moment.

I’ve been a fan of his for a long time. There were many moments when his was the ONLY voice of reason to counter bush/cheney.

have made a criminal, devil's bargain with traitortrump to secure the scotus nomination - and supposedly locked confirmation.

rest on the constitutionality of what is called our "right to privacy." There is no right to privacy stated in the constitution. It is only inferred to fill a great need to protect the people from the government by believers in a "living constitution."

Kavanaugh is a proud originalist who, for instance, thus sees no right to the use of contraception in the constitution. That is a matter for the states to decide, within the limits of their constitutions.

Then there is the issue of what the "common welfare clause" means. Our social support system, including Social Security and Medicare, is largely based on the living constitution belief that the constitution justifies adding progressive programs to a couple of enumerated duties, including military protection. Those who were and are outraged at this stretch have a valid argument, based on both the wording of the constitution and the writings of some of its signers.

To strict constructionists, and Kavanaugh is proudly and emphatically one, all are obviously unconstitutional. Believers in a living constitution formally interpreted this power to the federal government, which was of necessity defined after the Great Depression based on the needs, wishes, and possibilities of modern society.

Scalia and other "strict originalists" conveniently were not so strict about it for:
Bush v Gore
Citizens United
Shelby County v. Holder (striking down Voting Rights Act provisions that Congress had repeatedly renewed)

and plenty of others.

It's not a philosophy if they discard it any time an opportunity for advancing the conservative agenda presents itself.

Very creative indeed to reverse the Equal Protection clause to ensure that Gore voters would not receive equal protection.

They are *weapons*, NOT principles! They are instruments of power, used to allocate power, and thereby, wealth, in society. The Justices of the SCOTUS will choose the weapons they believe will best advance the ends they wish to serve.

talking about this the other night. It sounds so proof certain. But anyone can really start saying that about anyone if they haven't been to jail or sued for civil shenanigans!

And trump said it like there is some written history of kavenaugh's whole life showing only stellar acts of virtue and kindness.

nm

He's absolutely right!