Gerson goes on to defend originalism against Franken's simplistic attack.
Most of the traditional elements of a Franken rant were employed against Chief Justice John Roberts and conservatives on the Supreme Court. The attack on motives: The "Roberts court has consistently and intentionally protected and promoted the interests of the powerful over those of individual Americans." The silly hyperbole: "What individual rights are so basic and so important that they should be protected above a corporation's right to profit? And their preferred answer is: None. Zero." The sloppy, malicious mixed metaphor: The Roberts court is putting not a "thumb" but "a fist with brass knuckles" on the "scale" of justice. Franken was clearly summoning all his remaining resources of senatorial dignity not to say something like Roberts is a "lying liar who lies along with his lying lackeys for his lying corporate lying masters."
You would never suspect from Franken's speech that the Roberts court, in key cases, has sided with employees who allege discrimination and against corporations. It is never enough for Franken's opponents to be misguided or mistaken; they must want women to be sexually harassed in underpaid jobs while their children die of lead poisoning.Franken's speech is worth noting only because it is the purest, most simplistic expression of a liberal argument.
Franken at ACS
Michael Gerson has this WaPo op-ed reviewing Senator Al Franken's remarks to the American Constitution Society. Gerson is not impressed.