MICKEY KAUS IS DEFENDING FILIBUSTERS: Though only in terms of treating the symptoms.

Meanwhile, I have to say that I think that the notion of impeaching Anthony Kennedy is just silly. If it’s an effort to mau-mau the Supreme Court, I think it will backfire. And if anyone is dumb enough to go ahead and actually try it, I think that will backfire in an even bigger way.

There are lots of things that Congress could actually do if it wanted to address judicial activism — especially since so much judicial activism, in areas ranging from sexual harassment law to immunity for overreaching police officers, is actually based on statutory interpretation, not constitutional analysis — that the continuing focus on things that won’t happen makes me suspicious. Rather than being serious about reforming the judiciary, I think that some Republicans are more interested in intimidating judges while bolstering direct-mail fundraising for advocacy groups and politicians.

UPDATE: Roosevelt’s court-packing scheme is invoked in this discussion and Jonathan Dresner sends this link to a defense of the Mau-Mau.

ANOTHER UPDATE: This column by Jonathan Rauch is worth reading.