- - Tuesday, July 10, 2018

ANALYSIS/OPINION:

Six Catholics, three Jews, three women, five conservatives and four liberals. Not a Protestant, man or woman, anywhere in sight. Indeed, the U.S. Supreme Court might count more true-blue Roman Catholics than the College of Cardinals in Rome. Diversity, thy name is John Roberts.

The make-up of the court is not necessarily a reflection of diversity, but of the maturity and goodwill of an exceptional nation. We’re long past the time when there was “a Catholic seat,” or “a Jewish seat” or “a woman’s seat” on the court. Not so long ago religious considerations would have consumed a president’s deliberations as he weighed the strengths and weaknesses of prospective nominees, and measured everything on the scale of politics.

The Supremes, like the times, “they are a-changing.” A majority of the nine justices, though divided by other things, will soon be united by a common devotion to the Constitution as it was written. No small thing, hence the squeals of the liberals/progressives, who regard their dominance of the courts and the culture as a very big and good thing, and are determined to return to the past where judges were expected to manufacture law as needed. No more.

“If confirmed by the Senate,” Brett Kavanaugh told the audience gathered in the East Room of the White House to hear the president’s introduction of his nominee, “I will keep an open mind in every case and I will always strive to preserve the Constitution of the United States and the American rule of law.

“My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written, and a judge must interpret the Constitution as written, informed by history and tradition and precedent.”

Nothing there about “an expanding Constitution,” an “evolving law” or a Constitution “growing to reflect the times.” No trace of emendations or penumbras or other mystical mumbo-jumbo about how to get around the plain, pure language of men who knew what they were doing, and put their work in language so simple a common man could and would understand it. Small wonder that so many liberals/progressives are hysterical in their search of words adequate to describe how much they abhor the man soon to be a judge on the highest court in the land, and the man who appointed him. Nightmare becomes reality.

Sen. Charles Schumer of New York, who will lead the Democratic opposition to Judge Kavanaugh in the U.S. Senate, says he will oppose the nominee, with or without due consideration, “with everything I’ve got.” His Democratic colleagues seem to be unanimously in line behind him. Sen. Bob Casey of Pennsylvania vows he will vote against anybody the president nominates, no matter who. Sen. Mazie Hirono of Hawaii promises she will similarly oppose any Trump nominee. Who needs a mind in Washington if he has a mouth?

Rep. Nancy Pelosi, the leader of the Democratic minority in the House of Representatives, doesn’t have anything to say about confirming Judge Kavanaugh or any other nominee to the High Court, but she offers her two cents, anyway. She calls the Kavanaugh nomination “a clear and disrespectful assault on the fundamental rights of women and on the quality of affordable health care of the American people.”

The sentiments of the Democrats, so eagerly dispensed into the public conversation, promise a noisy brawl before a vote is finally taken in early October. Many people will have their say, often when they have very little to say. Judge Kavanaugh’s 12 years on the U.S. appeals court in Washington has left an abundant paper trail, and this will offer many opportunities for Democrats to delay a vote with repetitious argument and oft-irrelevant discussion.

The Democrats in the Senate will attempt to portray the Kavanaugh appointment as a first step to repeal Roe v. Wade, a cruel attack on the abortion industry, and repeal of Justice Anthony Kennedy’s soppy Valentine for same-sex marriage. Neither of those decisions, wrongly decided as they were, is likely to be repealed. The Democrats and their acolytes in the media have little substantial to say against Judge Kavanaugh, and so manufactured threats to abortion and gay rights ignite another bout of madness.

If Mitch McConnell can hold the Republican caucus together he is likely to find two or three Democratic senators to join them to confirm Brett Kavanaugh. If not, the president still has his list of prospective nominees eager to restore Constitutional order. Nothing is so powerful, as the adage goes, as an idea whose time has come. The restoration of the Constitution — as it was written — is an idea whose time is now.


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