So Brett Kavanaugh is almost certainly going to be the next associate justice on the Supreme Court. Are we helpless in the face of this?
I have little faith that Susan Collins (R-ME), much less Lisa Murkowski (R-AK) or any other Republican senator will vote against Kavanaugh. Even if two of them do bolt, there’s no guarantee that Democrats like Joe Manchin (D-WV), Heidi Heitkamp (D-ND), or Joe Donnelly (D-IN) won’t vote to confirm him, as they all did for Neil Gorsuch. Those of us not in those states really can’t do much about their votes in any case.
But there is something we can do.
We can, all of us, in ways great and small, make sure that the story of Brett Kavanaugh focuses not on him, but on the circumstances of his appointment. The reality is that, as loathsome as I find Kavanaugh’s opinions, they are mostly within the spectrum of US political discourse. Yes, he’s been correctly cast as a partisan judge, but so was Antonin Scalia, and, really, what other kind of judge is Donald Trump likely to appoint? Being opposed to Roe v Wade, Obamacare, and just about every environmental regulation he can find does not disqualify him from the Court. Continue reading