*This piece originally appeared on Balkinization.
by Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair, Professor of Government, University of Texas at Austin School of Law
Let me say at the outset that I strongly support filibustering the nomination of Judge Gorsuch to join the Supreme Court. Part of the reason is that I regard his appointment as filling a "stolen seat." Part of it is that I thought his "answers" were remarkably non-enlightening. No one who is a serious originalist can possibly give as much primacy to precedent as he was pretending to do. And "pretending" is the operative word, since it is inconceivable that he will not vote to reverse a number of important cases. After all, his endorsement of Harlan's dissent in Plessy is a dog whistle for invalidating any and all affirmative action programs in the name of "color-blindness." And, given the awful reality of lifetime tenure, I do not support putting a 49-year-old ultra right-winger on the Court. Finally, there is the matter of the legitimacy of Donald Trump as president, not with regard only to his being a sociopath or to the operation of the idiotic electoral college, but with regard to the increasing likelihood that his minions were actively working with Russia to throw the election, in part because Trump himself is deeply in hock to Russian oligarchs (given that no self-respecting American bank would lend any money to such a con-man who so obviously does not believe in paying his debts).