Re: Brett Kavanaugh’s Wall Street Journal op ed claiming he would be an “impartial” and “pro-law” justice.
It’s absolute bullshit to be “pro-law.” The law is not neutral. The law is not impartial. It is written by people with power to preserve and increase that power. The law is oppressive by default. It will never be ethical to be neutral.
In conclusion, I want a justice who will activist the fuck out of her seat.
I want a justice who will excavate every footnote, wordsmith every dictum, adopt every dissent, and rule broadly instead of narrowly every time in order to give her plaintiff or defendant the complete justice to which they are entitled.
I want a Carolene Products footnote 4 kind of justice.
I want a privacy penumbra-inventing, “substantive due process”-wordsmithing, reverse equal protection-incorporating, prophylactic-propounding, Section 5-enforcing, stare decisis-rejecting, Ta-Nehisi Coates-quoting, Michelle Alexander-citing, umbrella in a rainstorm-analogizing, “nine women on the Court”-endorsing kind of justice.
I want a justice who wants justice.