Noah Feldman Indulges in Brett Kavanaugh Fan Fiction on Dobbs
Noah Feldman published a column about Dobbs that I can only describe as Brett Kavanaugh fan fiction. He imagines everything that will go through Kavanaugh’s mind this term in Dobbs. And then tries to predict the next four decades of Kavanaugh’s career if he votes the right (that is, left) way in Dobbs. Feldman balances Kavanaugh’s concerns for conservatives and liberals; his desire to become the all-powerful swing Justice; the need to rehabilitate his career after the confirmation hearing; the longing to return to the esteem of fellow law professors (like Feldman!); and so on. It’s like a SCOTUS choose-your-own-adventure book. If Brett Kavanaugh seeks temporary and empty praise from the left, turn to page 53. If Brett Kavanaugh wants to avoid the implosion of the conservative legal movement, turn to page 68.
Yet, there is a glaring omission in this fantastical tale. Feldman talks about everything that will go through Kavanaugh’s mind, except the law! There is not a single sentence in the extra-long 2000 word column about whether Kavanaugh thinks Roe and Casey were correct applications of the law. Surely, the Constitution would factor somewhere in Kavanaugh’s calculus.
I’ll admit, I have been quite harsh
Article from Latest – Reason.com