Procrastinating on October 10, 2017

Twitter: Ian Millhiser: There's much more of a consensus among liberals:

@imillhiser: There's much more on a consensus among liberals than among conservatives about how to interpret the Constitution. All the liberal justices believe in some version of Carolene Products plus a more expansive view of fundamental rights to accommodate Roe. And this has been the dominant view among liberal jurists since the 1930s.

Conservatives, meanwhile, are all over the map, from the Reagan Era conservatism of Roberts to the pure Republican partisanship of Alito to the pre-New Deal revivalism of Thomas -- which is interesting because it is tinged with a vein of racial pessimism -- to the more aristocratic pre-New Deal revivalism of Gorsuch -- which may or may not come with straight up Lochnerism to boot.

Basically, liberals need to get over their inferiority complex about not having a theory of the Constitution. Just because Scalia said it a gazillion times doesn't make it true. In fact, it's the opposite of true.

@notthepunter: excited to see the best constitutional scholar I know, @andrewmochulsky, analyze this v. good thread

@jhfenton: From Bork to Barnett, and everything in between.

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