predicted, silly me, that the Court would not take the case because I thought that even a conservative Court had a certain amount of professional self-respect. The law of the case was obvious. There was no substantial federal question. There was not what any court in history hitherto would call an equal protection violation. This Court will be infamous. It deserves infamy.
The possibility of its infamy was created by several bizarre and antiquated features of the Constitution, notaby the electoral college. But that doesn't mean that the Constitution as a whole is a bad thing. Equal protection is a good idea, for example. Anyway, I share with Michael concerns about what would happen if you opened up the can of worms of a constitutional convention. Look what happened last time--we got this document!
--jks
>
>So I'm wondering, will all the liberals who are distressed by the SC
>decision now come to question the whole cult of the Court and the
>Constitution? Or will they see this decision as a departure from or a
>perversion of a beautiful norm? Last night on CNN, Lawrence Tribe was
>beside himself over the content of the decision, but couldn't be
>teased into attacking the credibility of the Court itself.
>
>Doug
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