November 20, 2018

The Problem with Attacking the Court’s Legitimacy

“After the extraordinary tumult of Brett Kavanaugh’s confirmation hearings ended, three normal things happened that are embedded in this country’s Constitution and traditions.

The full Senate voted on the nomination, and Judge Kavanaugh was confirmed. Then Supreme Court Chief Justice John Roberts swore in Mr. Kavanaugh as an Associate Justice. Last Tuesday Justice Kavanaugh, sitting as the most junior Justice next to Justice Elena Kagan, participated in oral arguments in two cases involving the Armed Career Criminal Act.

For Democrats, this return to normalcy is intolerable. They are doubling down on their war against the new Justice.

They have several related goals: Undermine Justice Kavanaugh’s authority on the Court, argue that his presence undermines the legitimacy of the Supreme Court itself, drive Justice Kavanaugh off the Court through impeachment if they win control of the House of Representatives, and, most fantastic of all, consider expanding the size of the Court if they regain control of the government.”

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