Roe and 80,000 votes

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Elizabeth Warren managed to get back in the news recently in the way she usually does–by proposing spectacularly bad ideas, accompanied by incoherent supporting arguments.

The spectacularly bad idea in this case, albeit one she is hardly alone in recommending in her party, is for Congress to “use its constitutional authority to expand the number of justices on the Supreme Court,” as a means of restoring “America’s faith in an independent judiciary committed to the rule of law.”

Within this context, her advocacy of court-packing (which she claims in the same op-ed that she isn’t advocating) matters less for its substance and awful implications than as an indicator of how what passes for jurisprudence on the left has come to have virtually nothing to do with jurisprudence, traditionally understood, as well as the extent to which concepts like “independent judiciary” and…

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