Of course, many of the folks criticized for their conservative, Constitutionalist philosophy in fact turned out to be conservatives, but the court’s four liberals rarely cast a non-liberal vote (although all of them assented to unanimous decisions overturned several of President Obama’s unconstitutional overreaches). Americans do not share the same opinion on any subject, and we should not expect Justices to do so – but we deserve to have Justices that are rigorous champions of the Constitution, who apply the laws fairly and make decisions on merit, not on politics. The present court in a series of 5-4 decisions, overturned several decisions made by US District Court Judges who sought to stop (or resist) Trump Administration policy on the travel ban from seven countries, and in cases purging voter rolls, Congressional redistricting (although not in Pennsylvania), public unions collecting fees from non-members, and ruling a baker did not discriminate illegally when he refused to cater a gay wedding.
Well, Brett Kavanaugh has been on the US Court of Appeals for the District of Columbia Circuit since 2006. He was nominated in 2003. The progressives hated him – and they held up the vote for three years but was confirmed 57-36. The Democrats have continued to attack him. Judge Kavanaugh does not legislate from the bench, as the progressives do, but applies the Constitution as it is written. Dear few of the great American Supreme Court Justices would be acceptable to today’s progressives, and the paramount reason is the Roe v. Wade decision of 1973. That is the most important issue for liberals, who believe it has been settled for all time; and they hold on to it as tightly as possible. Conservatives believe that decision was a legal, moral and Constitutional travesty, and they are equally determined to place Justices who will overturn it. With the proper case, who knows?
But it is ironic to hear the progressives, who constantly declare that the Constitution is a “living document” that must adjust to meet the times, also declare that Roe v. Wade is settled and inviolable. Just as it is noteworthy that the self-proclaimed “pro-life” Senator Bob Casey always finds excuses to vote in favor of judges who might support Roe v. Wade and against those who might not. If our basic law shifts with popular opinion, or with political opinion, or with personal opinion, it hardly can be defined as basic law; it becomes a nullity that means, as the Red Queen told Alice, “whatever I say it means.” That is what progressives want, and that is what a Justice Kavanaugh would not be, and that is why he is a superb choice for the Court.