Opinion What Kind of Supreme Court Will We Have Now?

18:12  11 july  2018
18:12  11 july  2018 Source:   nationalreview.com

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This means that the Supreme Court is almost always hearing cases where only matters of law are at issue (rather than matters of fact). The Supreme Court is simply, in those cases, trying to decide if the law (whether statute law or

In my view, with the future of the Supreme Court now at stake, and the election for our next president already well underway, it is the People who should determine what kind of Supreme Court they wish to have .

Supreme Court nominee Judge Brett Kavanaugh arrives prior to meeting with Senate Majority Leader Mitch McConnell on Capitol Hill, July 10, 2018© Joshua Roberts/Reuters Supreme Court nominee Judge Brett Kavanaugh arrives prior to meeting with Senate Majority Leader Mitch McConnell on Capitol Hill, July 10, 2018

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

Amid the wailing and gnashing of teeth from the political Left and the triumphalist trumpeting from the political Right regarding the nomination of Judge Brett Kavanaugh to the Supreme Court, one question has gone missing: What, exactly, will the Supreme Court look like once Kavanaugh joins?

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Nice one, Lyndon! The modern Supreme Court has been carefully selected by recent Presidents to feature justices from a variety of backgrounds. Now , we have three women (one of whom is Hispanic), an African-American, and five white guys.

The same can be said for Kennedy, who, despite being appointed by President Reagan, has moved substantially to the Left and now positions more as a center-Left libertarian. What Kind of Judges Will Trump Pick? It’s called “Make the Supreme Court Great Again,” and that requires making the

Those on the left, like those on the right, suggest that Kavanaugh will be a transformational pick. They believe Roe is in danger, that Citizens United will be dramatically strengthened, that religious believers will be handed carte blanche, and all the rest.

Here’s the truth: If there’s one proposition that distinguishes Kavanaugh from his more militant colleagues, it’s his unique capacity to write specific, detailed decisions that knock down trees while leaving forests intact. Kavanaugh’s opinions tend not to be ringing endorsements or rebukes of the Justice Scalia or Justice Thomas type; they tend to be narrowly tailored decisions that recall Chief Justices Roberts and Rehnquist.

Now, it’s possible that Kavanaugh has hidden his light under a bushel, because he’s an appellate court judge bound by precedent. It seems more likely that he’s a fan of Roberts-type judicial restraint, which means pruning back law he sees as violating the Constitution rather than decimating it and salting the earth.

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So now that we have Justice Gorsuch on the bench — a guy who’s kind of a wildcard, in that he doesn’t have a track record with the Supreme Court to infer from — do you have any predictions for how he might lean on this decision?

Proponents of the present Supreme Court will argue that the Constitution requires interpretation since it is an historical document. Altering the Constitution is the responsibility of the nation, not the prerogative of the nine individuals who now seem to have become blinded by their own power.

Take, for example, Roe v. Wade. Conservatives have high hopes that Kavanaugh — along with Roberts, Gorsuch, Alito, and Thomas — will rule to knock over that legal monstrosity. That’s highly unlikely. First off, it takes four votes for the Supreme Court to agree to review a particular lower-court case, and it’s unlikely that Roberts and Kavanaugh will agree to review a straight-up challenge to Roe.

It’s far more likely that we’ll see Roberts and Kavanaugh review cases that pare away at Roe via the “undue burden” standard articulated in Planned Parenthood v. Casey (1992) — a case in which the Court held that abortion laws were tenable unless they presented an “undue burden” for a woman seeking an abortion. In Gonzalez v. Carhart (2007), for example, Justice Kennedy decided for the Court that the Partial-Birth Abortion Ban Act was constitutional, because women could get abortions prior to late-stage pregnancy, and the law therefore didn’t constitute an undue burden. We could see that logic extended incrementally over time, leaving Roe in place but carving out chunks of it.

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After the Supreme Court made gay marriage the law of the land, conservative culture warriors were forced to pick a new battle. So what kind of secular cases have they taken on in the past?

1 The above-entitled matter came on 2 for oral argument before the Supreme Court of 3 the United States at 10:06 a.m. 4 5 APPEARANCES: 6 PAUL D. CLEMENT But the point is you're saying that the 10 employers are now constrained in the kind of 11 arbitration agreements they can have .

That sort of incrementalism is less likely to whip up anger against the Court — a major concern for Roberts, at least. But it’s also more likely to leave unborn children vulnerable over time, and it leaves open the possibility that if the Court moves back to the Left, the “undue burden” loophole will be closed.

For another example, see the Court’s recent decision in the Masterpiece Cakeshop case. There, the Court ruled 7–2 that the Colorado Civil Rights Commission had violated the rights of a religious baker by mandating that he design and bake a cake for a same-sex wedding. But the case wasn’t decided on grounds of basic religious liberty, but on grounds of open discrimination by the Civil Rights Commission against the religious baker. Concurring justices openly acknowledged the possibility that the government could force religious bakers to bake the cake so long as the officials weren’t too nasty about targeting religious people. Incrementalism protected that particular religious baker, but not others.

Narrow decisions are less controversial and can be transformational over time. But it seems that the Left is always ready to issue blanket rights and wholesale rewritings of the Constitution even as the Right sweats and strains to avoid interpreting the Constitution as written — all for the sake of stability and incrementalism.

That doesn’t mean Kavanaugh is bad. He’ll probably rule correctly on a consistent basis. But it does mean that those waiting for the ground to shift when it comes to major decisions from the Court might be waiting in vain. Instead, we’ll probably see a gradual shift from the Court over time that leaves more room for legislatures but doesn’t implode the unconstitutional foundations of the Left’s favorite legal bulwarks.

High court overturns first-degree murder conviction .
The highest court in Massachusetts has overturned the murder conviction of a Maine man who was found guilty in connection with a 1994 disappearance and death. The Supreme Judicial Court on Friday vacated the first-degree murder conviction of John Fredette because it "was predicated on a theory of aggravated kidnapping that did not exist at the time of the homicide."The case was sent back to the trial judge for either a finding of second-degree murder or a new trial.Fredette, of Saco, Maine, was one of three men convicted in 2014 in the killing of Kevin Harkins.

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