Via the Free Beacon, she raises an interesting point. There really should be some mechanism by which the Constitution might be changed to reflect a changing consensus among the American public.
If only the Framers had thought of something.
Luckily we have Ruth Bader Ginsburg and, until recently, Anthony Kennedy to tell us what the Constitution “should” mean nowadays. A Twitter pal suggests that if all else fails, Katy Tur and the rest of the left might try going the Andrew Cuomo route and suing the Supreme Court to change the constitutional text.
Who knows? They might get a ruling from the Super Duper Supreme Court in their favor.
By the way, will Joe Manchin be stepping aboard the Kavanaugh confirmation train? He sounds pretty sweet on the nominee here:
“Do you have a lean today?” Kercheval asked.
“No, I don’t have a lean. I think he seems to be a very fine person of high moral standards, a family person who’s very involved in his community, has all the right qualities. He’s well-educated,” Manchin said. “And with that, you know, we have to just look at making sure that the rule of law and the Constitution is going to be followed, and that’s going to basically preempt anything else he does.”
With 95 percent probability, Manchin’s going to hang back and end up doing whatever Collins and Murkowski do. If they vote yes, his vote will be meaningless so he’ll vote yes too and protect his right flank before facing West Virginia voters in November. If Collins and Murkowski walk, Manchin will walk too knowing that the two centrist Republicans will bear the brunt of the right’s outrage for borking Kavanaugh. I’d still guess there’s a *small* chance, though, that Manchin might cross the aisle and vote yes even if Collins and Murky oppose the nominee if Trump can somehow bring enormous pressure on him to do so. Kavanaugh losing altitude during the confirmation process would be a true nightmare scenario for Manchin since he’s the likeliest Dem to flip and his vote ultimately might be needed, placing him in no man’s land between a Democratic minority that might not turn out for him if he votes yes and a Republican majority that might want to punish him if he votes no. Manchin needs Collins and Murkowski to come through for Kavanaugh almost as much as Kavanaugh himself does.
But I think they’re both going to get their wish. The two centrists sound awfully bullish on the nominee, which makes me wonder if they signed off on the pick even before Trump announced it. Remember, according to Axios, Trump allegedly was telling confidantes before Kavanaugh’s name was released that he’s got the votes. Collins and Murky might have pledged to him that if he bypasses Barrett, the culture warrior, they’d rubber-stamp Kavanaugh for him — provided, of course, that nothing toxic comes up in Kavanaugh’s paper trail. Which is unlikely, as the guy’s been on a Supreme Court career track for 20 years. Probably everything he’s written since his early 30s was done with the knowledge that it might turn up in a confirmation hearing some day. He’s no dummy.