That is what I could not bear. The ornate chamber with all the trappings of solemnity, the CJ stuck up there in an embarrassingly meaningless role, the media tuned in, the legal commentators at the ready. But for what? 2/
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It was, start to finish, a sham. It was never going anywhere, no one wanted to know or find out anything, or think seriously about the conduct at the bottom of the proceeding 3/
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But worse yet - so much more worse yet - to make the sham function, the President’s counsel were forced to make arguments deleterious to the health of the Republic, arguments I hope forever are treated as a blip, fundamentally inconsistent with our deepest values 4/
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I have been sad for days. Not because of the politics; we’ve lived the nauseating politics for years now. But because I’ve been a student and teacher of the Constitution for years now, and it was painful to watch it so sundered, its fundamental principles so mocked 5/
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This has been a stain. Right up there with the slavery clauses, Dred Scott, McCarthyism, name it. That is how history will remember this 6/
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Two fully years after Dred Scott, Senator John Hale took to the floor to shame the Court, saying “I hope I may be excused if I have not denounced them sufficiently for the enormity of the decision. I will make it up on some other occasion.” So it may be said here. FIN/
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