The Constitution created a framework, not a Ouija board, precisely because the Framers understood that prospect of a nation ruled for centuries by dead prophets would be the very opposite of freedom.
Dahlia LithwickThe fact that the Constitution is sufficiently open-ended to infuriate all Americans almost equally is part of its enduring genius.
Dahlia LithwickA lot of conservative writers have twisted that argument in the conversation around Judge [Gonzalo] Curiel and said this is identity politics as played by liberals. And that I think what they're trying to say is that progressives are the first to say.
Dahlia LithwickOn the one hand we want to preserve the integrity of the judicial branch, and we want to talk about judicial independence, and how damaging and dangerous it is when Donald Trump calls out Judge [Gonzalo] Curiel. And at the same time, at the end of the day, judges work for us and we can recall them and we can impeach them.
Dahlia LithwickI think men get nervous when women start counting the number of female senators, and whites become edgy when they hear the next Supreme Court seat will probably go to a Latino. This isn't always because they object to sharing the spoils, by the way; it just reminds us that the melting pot may not be working, and we haven't yet achieved the ambiguous national dream of becoming a nation of indistinguishable beige atheists.
Dahlia Lithwick