Senate Democrats know that they can’t stop the confirmation of Judge Brett Kavanaugh to the Supreme Court. Kavanaugh’s record is no more controversial than Justice Gorsuch’s was, and three red-state Democrats up for re-election in 2018 voted to confirm Gorsuch. Kavanaugh almost certainly has the votes to be confirmed, but that’s not stopping Senate Minority Leader Chuck Schumer, D-N.Y., from declaring all-out war against President Trump’s nominee.
In an interview with CBS News the morning after Trump made his announcement concerning Justice Anthony Kennedy’s successor on the Supreme Court, Schumer detailed his grand scheme to #StopKavanaugh, which amounts to demagoguery and using scare tactics to terrify the American people ahead of the 2018 midterms.
“Let me say this. I believe if we can prove to the American people, which I believe is truly the case, that this nominee will lead to a court that repeals women’s reproductive freedom, repeals ACA with its protections for pre-existing conditions, we will get a majority of the Senate to vote for it,” Schumer said. “Obviously, even if we had every Democrat, we need two Republicans. But if we can make that case, we will get a majority.”
Focusing on progressive outcomes, failing to even consider the role of the Constitution or its meaning in judicial decisions, Schumer smeared Kavanaugh as a “hard-right” judge.
“I don’t think he would have been put on [Trump’s] list had he not been one of these hard-right judges. And the two issues I mentioned are important. There are several others,” Schumer said, claiming that Kavanaugh is “way at the extremes” and referencing a 2009 law review article authored by Kavanaugh to ridiculously assert that Kavanaugh — formerly a member of Ken Starr’s investigative team into President Bill Clinton’s Whitewarter and Lewinsky scandals — believes a sitting president shouldn’t be investigated.
“With the Mueller situation, with the overreach of presidential power, we shouldn’t put him on the bench. And then, on gun rights, on LGBTQ rights, on environmental rights, he’s way to the right of the American people,” Schumer continued.
The Democrat leader talks of outcomes and policy, but has nary a word for the Constitution or how it should be interpreted. This was expected. The programs and policies championed by progressives are incompatible with the limits on government commanded by the Constitution. The Left recognizes this, and so they must destroy Kavanaugh, who is by no means a conservative ideologue but is instead a mainstream originalist judge. He’s not going to move the Supreme Court significantly to the “right.” He’s not going to guarantee conservative outcomes like overturning Roe v. Wade. He is, hopefully, going to interpret the Constitution as it was originally intended by the framers and write opinions about the law from that point of view on a case-by-case basis — and some conservatives worry he won’t even do that consistently.
Regardless, the Left, led by Schumer, is attacking Kavanaugh as “hard right.” They are apocalyptically declaring his appointment will “threaten the lives of millions of Americans for decades to come.” Kavanaugh is a “Second Amendment radical,” we are told, who will push an “extreme, right-wing agenda.” There is even talk of impeaching Trump’s Supreme Court justices if Democrats take control of the Senate. If strictly interpreting the Constitution leads to overturning liberal policies and statutes, it is because those policies and statutes were unconstitutional to begin with. But the Left doesn’t care.
The unhinged reaction and immediate, vociferous opposition to Kavanaugh demonstrate that even the mildest of Trump’s Supreme Court nominees, anyone with even a modicum of a claim to being a constitutionalist, would have been treated this way. In the face of such extreme opposition, with Schumer vowing to use “everything I’ve got,” why couldn’t Trump have swung for the fences with a nominee like Sen. Mike Lee, R-Utah, or Judge Amy Coney Barrett — two nominees with known fidelity to the Constitution and worldviews that might have guaranteed a few of the constitutional results leftists are so hysterical about today?
The clear advantage to either of those picks would have been a mobilized conservative base ready to go to war to defend Trump’s nominee and proactively counter the Left. Instead, with a safer pick like Kavanaugh as the nominee, many conservatives are underwhelmed.
Chris Pandolfo is a staff writer and type-shouter for Conservative Review. He holds a B.A. in politics and economics from Hillsdale College. His interests are conservative political philosophy, the American founding, and progressive rock. Follow him on Twitter for doom-saying and great album recommendations @ChrisCPandolfo.
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