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I’m glad that you appear to agree with me that there is no obvious basis for believing the Supreme Court would surely rule the current “no partisan politicking” rule unconstitutional.  Of course, I don’t want to see a “fix” of this non-existent problem by Congress either. I just wanted to respond to one point you…

Rejecting the idea of a “living Constitution” simply means that a Justice will respect the authority allotted to the legislative and executive branches (and the state governments) by the actual language of the Constitution and will not create new “rights” out of thin air. A Supreme Court Justice should fairly and impartially interpret the Constitution…
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