For five decades, the leftist trifecta of Democrats, Hollywood and academia have enjoyed the fruits of rule-by-judiciary concerning the nation’s most celebrated social issues. Realizing that this half-century campaign could be coming to a close, they, in turn, are treating this upcoming Supreme Court confirmation as the arrival of the apocalypse.
Justice Anthony Kennedy’s retirement from the nation’s highest court has afforded President Trump his second Supreme Court pick in less than 18 months. For many tentative Trump supporters in the November 2016 election, the Supreme Court’s aging cast was reason number one why many decided to surf and hang-ten with the Trump wave.
They remembered how close the Supreme Court came to taking a hard left turn when President Obama nominated Merrick Garland to replace Justice Antonin Scalia two years ago. However, fate intervened as the Senate delayed the vote until after the 2016 presidential election.
The rest, as they say, is history.
During those halcyon days in liberaldom when the Obama called Pennsylvania Avenue home and promised to change America, delighted Democrats altered the Senate rules for judicial confirmations to a majority vote. In doing so, they unwittingly sabotaged themselves thanks to poor political leadership and foresight when they afforded Republicans the opportunity to place Neil Gorsuch and now Brett Kavanaugh on the nation’s highest court.
Kavanaugh’s judicial temperament juxtaposes nicely with Justice Gorsuch, with whom he clerked with on the Supreme Court under the man he ironically has been nominated to replace. Moreover, both are in their early 50s and have two daughters. Kavanaugh also coaches basketball and volunteers at Catholic Charities and has completed the Boston Marathon twice.
Upon accepting the nomination, Kavanaugh said, “A judge must be independent and must interpret the law, not make the law.” He served with distinction on the U.S. Circuit Court of Appeals for the D.C. Circuit for 12 years and taught law at Harvard under Justice Kagan.
If Kavanaugh isn’t qualified to take his rightful seat on the nation’s highest bench, then who is?
Kavanaugh’s nomination is not about conservative versus liberal politics, as leftists want to you to believe; rather, it is about judicial authority, not judicial activism.
“Barring some unforeseen development, the president will lock in a 5-to-4 conservative majority, shifting the court solidly to the right for a generation. This is all the more reason for Democrats and progressives to take a page from “The Godfather” and go to the mattresses on this issue.” This is from the editorial board of the nation’s supposed paper of record, The New York Times.
Such calls of hostility will only continue to push Democrats even further left and alienate whatever is left of independents who leaned left of center and those once copious Blue Dog Democrats, who can’t even find a home in the Democrats’ wayward pound. Their desperation is telling as Chuck Stroup, never at a loss for sarcasm, says how Democratic lawyers are exploring the law to find out if Ruth “Buzzy” Ginsburg could remain on the court even in the event of her death in an unprecedented “Weekend at Bernie’s” jurisprudence ploy.
Thoreau once said that it is a characteristic of wisdom not to do desperate things. However, we’re dealing with a leftist trifecta whose overwhelming angst will think nothing about pulling out all the stops as a contentious confirmation of epic proportions seemingly awaits Judge Kavanaugh. You can smell the anguish as Democrats will resort to every artifice and design to slander, insult and malign Kavanaugh and deny him Trump’s nomination.
If anything, Kavanaugh’s nomination should invigorate the electorate base of both parties as the shadow of November’s important midterm elections grows even closer. As unconventional a president that Donald Trump is, his two Supreme Court picks have been both conventional, well-qualified, conservative judges.
Provided no Senate Democrat joins the Republicans in the vote, the GOP holds a razor thin 51-49 majority. In the event of a 50-50 tie, Vice President Mike Pence would be able to cast the deciding ballot in favor of Kavanaugh.
The upcoming confirmation hearings should be an all-American slam dunk. It will be anything but and that is tragic. Such malfeasance will only accentuate the direction in which our republic is headed.
(Maresca, a local freelance writer, composes “Talking Points” for each Sunday edition.)