Two Observations About the Kavanaugh Hearings (So Far)
- Whatever you think of the protests in the hearing, you can understand why the Justices are unwilling to allow television cameras in oral argument. They probably think (and perhaps with some justification) that some cases will be unable to proceed in an orderly manner if people can get on TV for shouting during argument.
- There is a basic connect between the way people talk about constitutional interpretation and its practice. For instance, originalism get praised a lot. But then when people talk about the best or most important Justices, they invariably name Justice Robert Jackson. (Judge Cavanaugh did this today.) Justice Jackson, though, was the furthest thing from an originalist, as he said in a number of opinions. How can this be reconciled? I don’t know.