Liberal Hysteria Slate Style: Only the Seated Supreme Court Justices Can Save Us Now

Slate gets hysterical:

So herein a modest proposal: The eight remaining justices should vote on Kavanaugh. Let’s let them be the arbiters of whether Kavanaugh has disqualified himself, either with untruths, or partisan attacks, or with open campaigning for a seat that seems to matter to him far more than the independence and esteem of the judiciary. If the whole sorry mess of this confirmation is to be triangulated against eight jurists who are precluded from saying one word in defense of the institution on which they sit, let those jurists make the final decision. If any one of the conservative justices wishes to break ranks and vote against Kavanaugh, so be it. If any of the liberals believes he is still fit to sit with them, it would be good to learn why. If the justices split 4–4 along partisan lines, at least we will have material proof that the institution is irredeemably broken along party lines. And if the remaining eight justices truly esteem the country, the court, and the public trust more than they like any one affable man, they could let us know. And it would be awfully good to know.


Please don’t tell me my solution is unconstitutional; I am well aware of its infirmities.

Imagine that.