Donate search
close

Share

  • Facebook
  • Twitter
  • send Email
  • print Print

Why was Kavanaugh fight so crucial?

Our SCOTUS has exceeded its bounds

According to Daniel Horowitz, one person is at the root of the uncivilized mess that has been the confirmation process for US Supreme Court nominee Brett Kavanaugh.

That one person is the man Kavanaugh has been nominated to replace: Justice Anthony Kennedy.

Horowitz has written a great piece for Conservative Review entitled No, Anthony Kennedy, it was you who destroyed democracy. In that commentary, Horowitz identifies Kennedy as “the cause of the problem we have with idolatry of the Supreme Court” because of the recent retiree’s penchant for finding new meaning in settled law.

Horowitz points particularly to the court’s recent decision on gay marriage, and specifically to 23 words in Kennedy’s opinion on that case:

… and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.

The “they” in that passage refers to the signers of our Constitution, so in Horowitz’ words,

Kennedy believes that the courts are the final say even over natural law and that they can rediscover new insights into the Constitution as they see fit. This is more power than King George held at the time of the Revolution. As such, it doesn’t take a genius to figure out why such a fabricated position of power will bring out the worst in America every time there is a vacancy.

In other words, what we’ve just witnessed is likely the new norm.

Though Horowitz stops short of offering a solution for such judicial activism, if we can survive another couple of battles like the one we’ve just endured then perhaps it will solve itself.

The only question then will be – is the damage that’s already been done reversible?

Header photo by Susan Walsh, AP

Share

  • Facebook
  • Twitter
  • send Email
  • print Print

Advertisement

More Top Stories

No to Impeachment. Yes to Re-Election.

It is notable that Justin Amash, having read the Mueller Report, concludes that President Trump should be impeached. Amash is level headed, responsible, and not prone to tantrum. Republicans should ta …

Vox: Trump is Darth Sidious or Darth Vader or Something

Star Wars: Episode I – The Phantom Menace is twenty years old. I love the prequels.  And by love I mean I have to skip through entire scenes just to watch Episodes I and II.  When you exclude …

The Timing of Amash’s Call for Impeachment Intrigues Me

Is Amash planning to primary Trump? If so, this would be a good way to put some distance between himself and the Trump-owned GOP.