If Kavanaugh Is Confirmed, The Constitution Will Change So Fast Your Head Will Spin Or Something

This is the exact reason Perry de Havilland coined the term “barking moonbat” and Michelle Malkin started calling Lefties unhinged, the twisted mind of Ian Millhiser at Think Progress. Even worse, this was found via the frontpage of Yahoo and their news

If Brett Kavanaugh is confirmed, the Constitution is going to change so fast your head will spin

Late last week, a federal appeals court divided 8-7 on whether to blow up a widespread consensus on how to read the Second Amendment and turn some of the NRA’s wildest fantasies into reality in the process. Mance v. Holder is a stark reminder of the Trump administration’s success in filling the bench with judges who, just a couple years ago, would have occupied the more extreme reaches of the judiciary. It’s also a warning about how quickly the law is likely to change if Supreme Court nominee Brett Kavanaugh is confirmed.

Nihilist conservatives in the mold of Neil Gorsuch are about to capture an entire United States Court of Appeals, and that court will form a pipeline that will channel ambitious right-wing lawsuits to the Supreme Court.

What did that decisions have to do with Kavanaugh? Not really sure. The screed doesn’t really make it very clear.

The primary purpose of the Supreme Court is to maintain uniformity among the various federal courts. The Court’s own rules provide that it is especially likely to take cases where “a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter.” If the Fifth Circuit decides to force cases onto the Supreme Court’s docket, Chief Justice Roberts is unlikely to resist them when these cases create a genuine split among the circuits.

Which is all a long way of saying that, if Kavanaugh is confirmed, the Thomas/Gorsuch faction is likely to find itself in the driver’s seat. Many of the tactics that a more moderate conservative may use to slow the law’s steady march to the right won’t work if Gorsuch’s allies control an entire court of appeals.

Somehow, this means that the Constitution is going to immediately change. Really? How? Ian does understand that there’s a method for this, and it doesn’t involve the Supreme Court, right? Or, does he mean that the Supreme Court will enforce the actual meaning and words of the Constitution, and that that’s a Bad Thing in his world? What we do know is that these people are wackadoodle scaremongerers, and, really, the people reading Think Progress only really see the scary headline and go into apoplexy. Speaking of wackadoodle apoplexy

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