Tuesday, July 10, 2018

Kavanaugh - initial thoughts

As you know, LITD was leaning toward Barrett, but the whole field was a treasure trove.

Legal minds I respect assure us that his track record of appellate-court decisions reflect an originalist bent. (David French at NRO has some concerns with how he arrived at two of them, but he still is pleased overall.) The fact that he coaches his daughter's parochial-school basketball team is a plus.

And the idiotic leftist howling and machinations? I think Steven Hayward at Power Line has it about right:

 Needless to say, the left is going to throw everything they have at Judge Brett Kavanaugh, but the incoherence and contradictions of the left during the first news cycle suggests it is going to be a rout, and that the left will only succeed in embarrassing themselves.
From the reaction of the left, you’d think that the Supreme Court gets up every morning and simply decides what laws it wants to change. It’s as though five justices can meet over breakfast and decide, “Hey—why don’t we strike down Roe v. Wade today? Sounds neat!” That’s not how it works, of course. The Supreme Court can only decide a question that is presented in a case brought to it. And that takes a while, even in the clearest controversies.

I suppose we can forgive the left for thinking the Supreme Court has this plenipotentiary power. After all, most leftists don’t understand the separation of powers, or if they do, they’re against it, and see the judiciary as a primary engine of “progress.” The left has been arguing since Woodrow Wilson for the Supreme Court to have more power to govern the country. As Wilson wrote in Congressional Government (1890), progress can be accomplished “only by wresting the Constitution to strange and as yet unimagined uses.” And who will do all this “wresting”?
I have a feeling the current president will get at least one more pick, so there's still hope for Barrett.


  1. He says he will approach all with an open mind. Left freaks out when right nominates (your ideological doppelgänger quotes Ronnie in last nite's nomination speech) and right freaks out when left nominates. Judges have more time on their hands than most of us poor working stiffs and their coffers are well padded by our tax dollars for life. He is our servant, actually. But another great call from your very stable genius, eh?

  2. You know who else coached youth basketball and soccer? Moi, who you have contended hates America. Is that a plus for me? Plus, I'm Catholic.

    1. As JFK said, "I am not the Catholic candidate for President of the United States, I am the Democratic candidate for President who happens to be Catholic." I have no beef with either Judge Cavanaugh or Judge Barrett, but I'll be aghast if they let their Catholicism (however rigid they practice it) get in the way of interpreting the Constitution of my United States as well as yours.

  3. Do you have any idea how ridiculous and completely lacking in understanding what this blog is about when you spout that “ideological doppelgänger” stuff?

  4. There is a long list of things you like about what Trump is doing, so why not name what you don't like outside of the trade war.

  5. Appeasing North Korea, his inability to foster team cohesiveness on his staff, his tweets and rallies.

  6. He doesn’t understand what’s involved in the judicial appointment stuff. He counts on what the Federalist Society and the Heritage Foundation say to him to make him look like a winner. Of course, that’s a well-advised course of action.

  7. Another thing I don't like at all: His utter uselessness in last year's effort by Congress to get rid of the ACA and come up with a free-market alternative, because of his vague notion that "we've got to take care of everybody."

  8. You confuse your distaste for his execution with your overall agreement with his (or his advisors, you generally exalt and grant all the credit to) direction. He grooves on the fight which is most readily maintained by doing the opposite of what Obama would have done. You love his madness but not his method.

  9. Yes. His advisors are great. He is not a conservative, but he has surrounded himself with conservatives.

    You'll be interested in the latest post.