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Image How The Supreme Court Will Act With Brett Kavanaugh Seated

September 7, 2018

If you enjoy reading about the Supreme Court, laws, and justice than Verdict/Justia is a blog just for you.  Today’s posting is very insightful.  This is how it begins….

Were it not for the release of teasers for Bob Woodward’s new book about the terrifying levels of dysfunction in Donald Trump’s White House, the Senate hearings on Trump’s Supreme Court nominee would have completely dominated the news this week. But even with the Woodward story stealing most of the show, Brett Kavanaugh’s hearing has made some news.

Unfortunately, the news is essentially that Republicans—who, as one commentator recently put it, “don’t just want to win—they want to rig the game”—are not backing off of their refusals to provide adequate information or time to assess the nominee. Meanwhile, the media’s coverage has essentially been limited to dramatic scenes of protesters being arrested, along with content-free knowing comments about the performances of the various presumed Democratic presidential candidates who are on the committee.

Kavanaugh, meanwhile, has refused to answer “hypotheticals” about any and every important question, such that he is now simply saying, “I know that I’ve got the votes, so I’m perfectly happy to sit here and let you waste your time.” Senator Susan Collins will “tend to her image” by pretending to be a thoughtful moderate, but she will again fall in line with her party, even though Kavanaugh ought to make all but the most conservative fringe of his party uncomfortable.

The betting odds, then, continue to be that Kavanaugh will soon join the Court, replacing Anthony Kennedy’s almost-always-reliable hard conservative vote with an always-solid hyper-conservative vote.

If that happens, how far could the new Roberts Court go? From the perspective of anyone but a movement conservative, how bad could things become? In the first column in this series, “How Bad Will Things Become? Part 1,” which I published on Dorf on Law shortly after Kavanaugh’s nomination this summer, I focused only on the issue of reproductive rights, pointing out that it was not merely a question of whether Roe v. Wade will be repealed (with abortion still possibly legal on a state-by-state basis) but whether the Court would invent a doctrine under which abortion would be constitutionally prohibited nationwide.

One Comment
  1. Booker permalink
    September 7, 2018 11:00 PM

    Our nation is at a cross-roads that most are not even aware of as they only watch sports. For the rest of us we need to double down and stop what is happening at the polls. We are the majority in the nation, and must act like it.

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