Because I think the meaning of the text of the Constitution should remain the same until it is properly changed by amendment, and that judges have a constitutional duty to invalidate laws that conflict with that meaning, I believe the President’s choice of Brett Kavanaugh—who is otherwise highly qualified—should be confirmed. If Democrats disagree they should specify the approach they think is better.
If their “judicial philosophy” is that a judge should simply reach all the outcomes that a progressive Democrat would like the Supreme Court to reach, they should candidly say so. If they believe that the precedents they like—like Roe v. Wade—are sacrosanct, but those they detest—like Citizens United—are to be discarded, they should identify how we know which precedents are binding and which are not.
Failing that, they too should vote to confirm Brett Kavanaugh.
The Case for Kavanaugh
October 1, 2018
H/T to David Hardy.—Joe]