Sunday, October 6, 2019

Happy Anniversary, Justice Kavanaugh


Of all the major impacts President Donald Trump has achieved during his first term in office, none will exceed the appointment of Associate Justice Brett Kavanaugh, who was sworn into a lifetime appointment to the U.S. Supreme Court one year ago today.

The Tax Cuts and Jobs Act of 2017 was impactful and remains the primary cause of today's stable and growing economy. The resultant growth in median family income and expected future consumer spending will extend well into 2020 and possibly beyond. You could also point to rollbacks of oppressive and frivolous environmental regulations and trade negotiations With Canada, Mexico and China as hopeful, but not yet fruitful portents of greater economic growth.

But the tax cuts begin phasing out in 2027. A Democrat Congress and Democrat President can repeal them altogether the day after their taking oaths of office. Any trade deals negotiated still face hurdles in Congress, too.

Court appointments are different because of their longevity. President Trump's first SCOTUS appointment was Neil Gorsuch, who filled the seat left vacant by the death of Antonin Scalia. Since Scalia was a reliable strict constructionist of the Constitution, Gorsuch's appointment simply kept the existing balance between Court liberals and conservatives.

Justice Kavanaugh however replaced the retiring Anthony Kennedy, long known as a sometimes-conservative, sometimes-not swing vote. The shift could be profound, and not just because the court takes up a full year's worth of a docket this month. The long list of 5-4 decisions is unlikely to change. There are--for now--still four reliably liberal justices in Ginsberg, Breyer, Sotomayor and Kagan. The only potential "squish" is Chief Justice John Roberts, who still falls to the right of Kennedy. This Court is strongly center-RIGHT, not squishy centrist as it was when Trump took office.

So unlike President Trump's legislative and negotiating achievements, the Kavanaugh appointment will likely extend his influence well beyond his term as President and this is a very big deal. An even bigger deal is that it showed what can happen when conservatives fight back.

The left fully understood how important this appointment was, and they went all out trying to prevent Kavanaugh's ascendancy to the Court.

Just days before the Senate Committee on the Judiciary was set to vote on the nomination, Democrats began a viciously bitter, baseless partisan attack on the nominee. Senator Diane Feinstein produced Christine Blasey-Ford, who suddenly claimed that Kavanaugh had sexually assaulted her when they were in high school together in the 1980's. Facts would show that Feinstein had obtained a letter from the woman weeks before, and withheld that information from the Committee until after the hearings on the nomination had concluded.

Instead of presenting the woman's testimony to Committee Chairman Chuck Grassley, the testimony was leaked to the Washington Post. Democrats then began demanding an FBI investigation and producing additional alleged "victims" of a man they were desperately trying to keep off the Court.

Media sycophants piled on, filling airwaves, column inches and internet bandwidth with a full-on, coordinated effort to smear Judge Kavanaugh. The left's hope was that Kavanaugh would withdraw, forcing President Trump to wait until after the 2018 midterm election to present a different nominee.

They failed.

Shattering the left's expectations, Kavanaugh did not withdraw himself. The President staunchly defended his choice. Instead, both accuser and nominee testified publicly. The woman's testimony was wholly ineffective and Judge Kavanagh heroically defended his record, his character and his integrity. The Committee voted in favor of the nomination and in a 50-48 vote, Kavanaugh was confirmed.

Thank you, Mr. President, and congratulations Justice Kavanaugh.

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