Short Views

Thanks, Christine

The ugliness displayed by the media and Democrats during the fight over Brett Kavanaugh’s nomination to the U.S. Supreme Court is yet another indicator of how far we have come from Hamilton’s conception of the federal judiciary as “the least dangerous branch.”

Kavanaugh was nominated to replace Anthony Kennedy, who used his perch on the Court to uphold Roe v. Wade and to expand its theoretical underpinnings in Planned Parenthood v. Casey; to strike down a referendum prohibiting the granting of special rights to gays in Romer v. Evans; to overturn all state laws against sodomy and to reverse Supreme Court precedent upholding such laws in Lawrence v. Texas; and finally to require all states to recognize gay marriage in Obergefell v. Hodges, thereby upending a consensus on the nature of marriage that had been shared by all the world’s great cultures and that had endured for millennia.  Kennedy’s decisions in these cases exhibited no regard for democracy, tradition, or precedent and advanced a social revolution cherished by the contemporary left.  Many on the left perceived Kavanaugh as likely to trim the power the Court had claimed in advancing this social revolution, and perhaps even to threaten the social revolution itself.

As a result, the opposition to Kava naugh was intense from the moment...

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