Posted on 10/02/2018 5:01:40 AM PDT by reaganaut1
As malignant as were the campaigns against Supreme Court nominees Robert Bork and Clarence Thomas, even they didn’t face accusations as vile and unrelenting as the unsubstantiated charges against Brett Kavanaugh. Adding to the injustice is that the frenzy surrounding his nomination isn’t really about him.
It’s about Roe v. Wade. The 1973 Supreme Court decision upended the laws of all 50 states on behalf of a constitutional right to abortion the Constitution somehow neglects to mention. Since then, the advocates of a living Constitution posit that while our Founding document is infinitely malleable, this one ruling is fixed and sacred.
Judge Kavanaugh’s great misfortune is to have been nominated at a moment when the party in opposition frets this fixed and sacred ruling could be overturned.
Never mind that Chief Justice John Roberts is unlikely to acquiesce to a move that would bring down the furies on his court. Or that it’s not clear Judge Kavanaugh would be any different, having assured senators that he regards Roe as “settled” and “an important precedent” whose central holding had been reaffirmed in Planned Parenthood v. Casey (1992). Or that overturning Roe still wouldn’t make abortion illegal.
The problem is that even Roe’s most ardent champions know it is devoid of legal and constitutional substance. So they know it is vulnerable to a closer look by any serious jurist, including those who are themselves pro-choice. No wonder Sen. Dianne Feinstein tweeted, “It’s not enough for Brett Kavanaugh to say that Roe v. Wade is ‘settled law.’ ”
Let me translate: Nothing personal, judge. But if you won’t declare that a decision laid down by seven unelected men in robes is untouchable, we have no choice but to do whatever it takes to keep you off the high court.
(Excerpt) Read more at wsj.com ...
Their aborted potential replacements have been replaced by illegal aliens.
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