Insulting Your Intelligence, with Rich Lowry
When they open of the Bad Faith Hall of Fame, this will go in on the first ballot:
Yup, the right would never, ever, see the Supreme Court as a quasi-legislative tool rather than piously regarding it as a court of law. Can you imagine, for example, conservatives having a lavishly funded organization whose primary role is ensuring that prospective judicial nominees are ideologically orthodox? Or could you imagine Senate Republicans preemptively refusing to consider literally any nominee made my a Democratic president? Now tow try to imagine a Republican Supreme Court majority using arguments with no basis in the text, structure, or history of the Constitution or indeed any relationship with logic at all to render the most important civil rights statute passed since Reconstruction a dead letter. Imagine a Republican Supreme Court majority using staggeringly bad faith reasoning to hand the presidency to a Republican candidate on a party line vote!
It’s easy if you try.