Another Incoherent Critique of Judge Barrett
16th October 2020
I suppose it represents a minor victory that even the most committed of judicial consequentialists feels obliged to disclaim their consequentialism. But it sure makes reading them difficult. At Slate, Dahlia Lithwick begins her most recent essay by insisting that she is not arguing that Supreme Court justices should make up the law in order to yield outcomes they prefer. By the end of it, however, she is arguing exactly that. Any reader who makes it that far is likely to come out with whiplash.