America Has Always Been A Colorblind Society Says Dolt Who Unfortunately Picks All Our Federal Judges
Who wants to tell Leonard Leo?
Are they all white? I don’t see color.
A lot of people don’t know who Leonard Leo is, but the executive vice president of the Federalist Society is the most powerful man in law these days because noted legal scholar Donald J. Trump has farmed out his job of selecting judicial nominees to Leo, with help from folks like the Heritage Foundation and local tinfoil hat aficionado Ed Whelan. Consulting with advocacy groups can provide prudent insight — farming out the work entirely to hacks is probably not what the Founders intended.
But who cares about the Founders, right?
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Apparently not Leonard Leo who went on Lou Dobbs and expressed a… curious understanding of constitutional history.
Well, it was at least 3/5ths of a part. It’s moments like this that really make you wonder if these originalists even know what “original” means? Because as much as they fetishize what they imagine the Constitution to be, as soon as reality hits the fan, they run in terror to the most insanely inventive rewritings of history. We’re only a few months removed from an originalist having to lampshade a bizarre gun decision with, “While considering materials that post-date the Bill of Rights by at least 75 years might stretch the term ‘original public meaning’….” Indeed! As others have pointed out, it’s amazing how the “original public meaning” of the Constitution always manages to morph into the “current policy preferences of the Republican party.”
But declaring the Constitution a colorblind document is either the height of cynicism or a sign that Leo saw Hamilton and thought it was faithfully cast. In either event, this is the sort of crackerjack constitutional acumen that gets ghosthunters nominated to the bench.
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But the final word goes to Professor Steve Vladeck…
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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.
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