What about a hypocrisy tax to resolve whether Gorsuch gets a hearing?

Democratic Senators have a difficult choice. And the truth is, the right answer may not be the politically most sensible answer. That means, what makes good politics now may not make institutional sense going forward.

I’ve explained why I’m in (and still stand in) the “fool me once, shame on you …” camp. As Reagan would have said — tax something, and you get less of it. So we should tax partisan behavior. That’s EJ Dionne’s position too. It’s Geoffrey Stone’s position as well.

But on the other side, we’re going to see increasing support for the “two wrongs don’t make a right” position. That’s Sen. Joe Manchin (WV)’s position. It’s Sen. Richard Blumenthal (CT)’s position as well. That sounds so reasonable, and so saintly — and of course, Fox will push the idea to the end of the Earth.

Maybe there’s a middle position here. Maybe Democrats should resist a hearing and a vote until the Republicans accept responsibility for their bad behavior—by replacing their leader.

McConnell’s head for a hearing?

Call it an hypocrisy tax. It could be the first tax that all Americans love.

Written by

law professor, activist.

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