Trump Was Always Going to Pick the Wrong Judge
President Trump's placement of a second Justice to the Supreme Court will shift the balance of our court system and have wide ranging consequences on the laws of our nation for years to come. His pick, Brett Kavanaugh, a Bush appointee and former clerk for retiring Justice Kennedy, was certainly not a nightmare pick for either sides of the isle. Nevertheless, Kavanaugh's nomination has drawn considerable reaction from members of Congress and the media, some panicking, some jubilant, and others unsure of exactly how they feel. Before we delve into the specifics on the nominee, his history and potential decision making on the Supreme Court, lets take a look at the reactions of those who will be voting on his confirmation in the Senate.
Hypocrisy on both sides
Mitch McConnell, and his fellow Republican's in the Senate, blocked Obama's nomination of Merrick Garland to the Supreme Court for 293 days in 2016. While clearly a political move to prevent an idealogical shift to the left in the Court, McConnell explained his decision by saying he did not believe a new Justice should be nominated by a President leaving office in an election year. He took a risk, hoping the next President would be a Republican who would nominate a conservative to the court. Against all odds he got his wish with Trump and Justice Neil Gorsuch. Now, Democrats are trying call McConnell a hypocrite for going full speed ahead with Trump's nominee Kavanaugh. While his blocking of Garland is regrettable, it is hard to imagine Democrats in control of the Senate would not do the exact same. In fact, even before Trump's pick was announced, protests and a Democratic Party media blitz was already underway.
In the advertisement above, the Democratic National Committee refers to Kavanaugh as an "extremist who would have the power to overturn Roe v. Wade and gut the Affordable Care Act". The truth is the Democratic party was going to label anyone Trump selected as an extremist who poised a threat to landmark Supreme Court decisions such as Roe v. Wade, Obergefell v. Hodges (gay marriage), and National Federation of Independent Business v. Sebelius (Obamacare). In reality, Brett Kavanaugh is a Kennedy acolyte who has publicly stated he would follow precedent in deciding cases presented to the Court. In addition, this is simply not how the Supreme Court operates. In order for a case to be overturned, a new case has to be brought before the Court that's outcome could potentially overrule a previous case. This process usually takes years, and a vast majority of cases are not heard by the Supreme Court and instead left to lower appellate courts. The fight for the Democratic Party now is to simply prevent any Trump nominee's confirmation by running a media campaign claiming reproductive rights, health care, and the LGBTQ community are all at risk. Many moderate Republican's acknowledged a nomination of a judge who publicly declared their opposition to abortion or LGBTQ rights as disastrous. Luckily for them, and the millions of socially progressive citizens in this country, Brett Kavanaugh is not that nominee. These ad campaigns were already formulated and paid for by anti-Trump PAC's and organizations, they simply needed a name to fill in. With a Quinnipiac University poll from July 9th finding 63 percent of American voters support Roe v. Wade, expect any notion of its reversal to met with fierce backlash. And with President Trump's approval rating hovering around 40 percent almost midway through his term, the last thing he needs is a new Supreme Court overturning landmark cases supported by a majority of Americans. If they do? Say hello to a blue wave, and say goodbye to Donald Trump in 2020.
Did Trump make the right pick in Brett Kavanaugh?
This content reflects the personal opinions of the author. It is accurate and true to the best of the author’s knowledge and should not be substituted for impartial fact or advice in legal, political, or personal matters.