You gotta smile at the sheer nerve with which Ted Kennedy (or his staff ghostwriter) makes a bad argument. Out of the mainstream! Fundamental rights! Commitment to core constitutional values!
The tone is set right from the start, with this bloated bit of question-begging: Kennedy wants to “determine whether [Roberts] will uphold the fundamental principles of our Constitution and laws to continue our nation’s march of progress or whether he will adopt a cramped and contorted view of our Constitution that will turn back the clock.”
Hmm. March of progress, or turn back the clock. Okay, one of these has a good four-beat rhythm for chanting, so let’s hear it–