Kavanaugh in Line with Hamilton's Thinking in Federalist No. 78 to Interpret Laws, Not Make Them

Nancy Thorner
07-16-2018

Staying true to his campaign promises, President Trump nominated Brett Kavanaugh as his pick to replace Justice Anthony Kennedy on the Supreme Court.

Judge Kavanaugh, 53, is widely seen as one of the top legal minds of his generation. During a much heralded and anticipated prime-time event Monday, July 9, 2018, at 9:00 p.m. EST, President Donald Trump introduced Judge Brett Kavanaugh as his nominee to replace retiring Justice Anthony Kennedy.  As stated by President Trump from his live announcement from the East Room of the White House:  

“What matters is not a judge's political views but whether they can set aside those views to do what the law and the Constitution require. I am pleased to say that I have found, without a doubt, such a person.”

Trump's remarks were followed by Trump's nominee, Brett Kavanaugh: “My judicial philosophy is straightforward.  A judge must be independent and must interpret the law, not make the law.”

Cal Thomas in an Analysis/Opinion piece published on Wednesday, July 11, 2018, notes: 

"If Alexander Hamilton had been nominated for a seat on the U.S. Supreme Court today, Democrats would likely oppose him.

In Federalist No. 78, Hamilton said that the judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society. It may truly be said to have neither FORCE nor WILL, but merely judgment “

Mr. Thomas, believes that Brett Kavanaugh, given his record and views of the Constitution, is in line with Hamilton’s thinking, but out of line with Senate Minority Leader Chuck Schumer and most Democrats.

Approval of Evangelical groups and leaders

Most evangelical groups are thrilled with Trump's pick.  As stated by Penny Nance, president and CEO of Concerned Women for America:  

“Judge Brett Kavanaugh is abundantly qualified to sit on the bench of the United States Supreme Court. He is among the best and brightest jurists on the appellate courts with a reputation of being fair and impartial in his decisions. Judge Kavanaugh is known as a judge who respects the Constitution as written, refusing to legislate from the bench.”

Dr. Robert Jeffress, senior pastor of First Baptist Church of Dallas had this to say:

“Evangelicals are ecstatic because in less than two years President Trump has filled a second Supreme Court vacancy with a second conservative — just as he promised. The fact that the president chose another conservative justice is more important than the name of that justice. This is a huge win for President Trump.”

Protesters gathered to demonstrate before Trump announced nominee

As was expected, hundreds of protesters gathered on the steps of the Supreme Court Monday night after President Donald Trump's selection of Judge Brett Kavanaugh as his nominee to replace Kennedy. Demonstrators held up signs and chanted "Kavanaugh has got to go."  But this protest would have happened regardless of whom Trump would have nominated to fill retiring Judge Kennedy's Supreme Court position.  Signs were all ready to be displayed.  Only the name of Kavanaugh had to be filled in.   Protests were planned as soon as Justice Kennedy resigned, as indignation and anger erupted over the idea that Kennedy had decided to retire while Trump was president. 

Attending the protest gathering was Sen. Bernie Sanders (I-VT) who encouraged protesters to defend abortion: 

“Are you ready for a fight? Are you ready to defend Roe vs. Wade?" Sanders said. "This is a tough fight that we can win...we have the American people on our side, now we have to go state by state to make sure senators do what their constituents want.”

Former Planned Parenthood president Cecile Richards told supporters to start calling their senators

"Access to safe and legal abortion, birth control, and other basic health care is hanging in the balance. If you're one of the 7 in 10 Americans who don't want to see Roe v. Wade overturned, this is the time to call your senators.

Alan Dersowitz, writing on July 13, 2018, noted how the SCOTUS confirmation process has gotten out of hand.  As a Democrat, Dersowitz considers Kavanaugh extraordinarily well qualified by his educational and academic background and judicial history.  Dersowitz advised that Senators should approach the process with an open mind, as he will do so after listening carefully to Kavanaugh's answers during the hearing. 

Why the unhinged anger among Democrats? 

An increasingly radical Democrat Party knows that only by winning control of the US Senate and then the Supreme Court can their vision of a left-wing America become reality.  The great victories of the Left have often been imposed by the Supreme Court, not by voters. Abortion on demand, homosexual marriage, driving religion from the public square, and nearly abolishing capital punishment would not have taken place without the Court.  Democrats understand that their entire radical agenda is taking a hit each time President Trump puts another constitutional conservative on the Supreme Court who will adhere to the dictates of the Constitution, not impose liberal orthodoxy on the American people through a "living" Constitution.  As such, Democrats don't really fear Brett Kavanaugh. They fear the Constitution.

Here's What Would Happen IF Roe v Wade Were Overturned, the landmark 1973 case that legalized abortion nationwide. The issue has been a big rallying cry for the Left since Justice Anthony Kennedy announced he's retiring. If Roe v Wade were overturned, abortion wouldn't be outlawed, it would just be returned to states for each state to decide. 

Do the American people really support Roe v. Wade? 

This article lists seven reasons it's deeply misleading to claim Americans Support Roe v. Wade.   

Despite hysterics on the Left, the Supreme Court is not going to overturn Roe v Wade, nor any other invented right the day Kavanaugh is confirmed. The Court is extremely reluctant to hear any case, much less one already examined in detail. In any event, cases are brought to the court only after being heard by the Appeals Courts (usually two or more, conflicting), and will be decided as narrowly as possible. 

John and Andy Schlafly examine pro-life issue

The following was written by John and Andy Schlafly, sons of Phyllis Schlafly of Eagle Forum, about the pro-life issue in their weekly commentary of 7/10/2018, Trump Cements Legacy with SCOTUS Pick (John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.):

"On the life issue, liberals are of course sharpening their knives to try to block Kavanaugh from confirmation by insisting that he might overturn Roe v. Wade.  But that is a very tough sell by the Left, as young people are increasingly pro-life and nearly a half-dozen Democratic Senators are running for reelection in pro-life states that Trump carried by a landslide.

The issue of Roe v. Wade has never sunk a nominee in the Senate, despite all the hoopla by pro-abortion feminists pretending that they can block a nominee on that issue.  They failed in trying to block Justice Clarence Thomas on that issue and were unable to block the confirmation of John Roberts or Samuel Alito, either.

We hope that Kavanaugh does not grovel to pro-abortion senators as they demand reassurances that the fallacy of Roe v. Wade be enshrined forever even though it has absolutely no basis in the Constitution.  Kavanaugh need not answer questions about the issue, just as Justice Ruth Kavanaugh set the precedent herself for declining to answer specific questions about cases."

President Trump predicts a vicious confirmation battle

The lines are already drawn with Senate Majority Leader Mitch McConnell pushing for a vote for fall.  Democrats want to wait until after the midterms, sparing Democrat senators in red states from a vote on Kavanaugh's confirmation.  With a razor-thin majority and Sen. John McCain (R-AZ) home battling brain cancer, Republicans need total unity to push this nominee through.  Senator Rand Paul has expressed doubts about Judge Kavanaugh. 

Because Republicans invoked the nuclear option when they were confirming Justice Gorsuch, they only need a simple majority of 51 votes to confirm whoever the president nominates.  With Trump's Republicans clinging to a narrow 51-49 Senate majority, and Senator John McCain battling brain cancer and unlikely to vote, a single GOP defection could sink Kavanaugh if all Democrats unite against him. Collins, from Maine, and Murkowski from Alaskaare two mavericks in the Republican Party.  All eyes have turned to them. Then there is pro-life Senator Rand Paul who announced on Sunday, July 13, that he may vote against Supreme Court nominee Brett Kavanaugh. 

The vote to confirm Judge Kavanaugh by one or more of the three Democratic senators -- notably Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin III of West Virginia -- might be needed in the Senate to confirm Kavanaugh, but they face an agonizing choice.  Because they are running in red Trump states, if they vote to confirm Judge Brett Kavanaugh they risk demoralizing Democratic voters ahead of the midterm elections; however, if they stick with their party they will possibly sacrifice their own seats and any chance of a Democratic Senate majority in 2019.

As Justice Anthony Kennedy turned to the right in his final year on the bench, both in his decisions and in allowing Trump to fill his vacancy.  It is unlikely that Justice Kennedy would find anything to criticize in this nomination of Kavanaugh for the seat that Kennedy is leaving, and neither should any Republican or moderate Democrat.

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