Wednesday, May 30, 2018

Associate Justice* Gorsuch

This is apropos of nothing specific, but I really hope that for the rest of his time on the Court, Justice Gorsuch always has an asterisk next to his name to note that he sits in a stolen seat and should not be a Justice.

Gorsuch did not steal the seat, Mitch McConnell and his Senate cronies did. But the fact that it isn't his fault does not make it any less of a stolen seat. I know every time I hear about Gorsuch on the news, I still smell a whiff of illegitimacy.

Does anyone else? I have no idea. I hope so. And I hope that if they do it lasts. I know after the 2000 election there was some talk whether Bush's failure to win the popular vote and Supreme Court-forced win would leave a cloud of illegitimacy for his entire presidency. But by 9/11, that cloud was gone. Nowadays, he is just the 43rd president. There is no widespread sense that he should not have been. Can the Gorsuch asterisk stick around?