The Case Against Brett Kavanaugh

The writer JD Vance, this time in The Wall Street Journal, has made a strong case for Brett Kavanaugh, a judge on the DC Circuit, being nominated for the Supreme Court.

He is a committed textualist and originalist, one whose time on the bench has revealed a unique ability to apply these principles to legal facts. He deeply believes in the constitutional separation of powers as a means for ensuring governmental accountability and protecting individual liberty.


…Judge Kavanaugh’s opinions have been adopted by the Justices 11 times—a record of influence and persuasion that suggests he would be effective on the still-divided high court.

I disagree, though.  Ex-President Barack Obama (D) stacked the DC Circuit with a number of “liberal,” activist judges.  Kavanaugh is more valuable, say I, staying on the DC Circuit, where he can apply those qualities in counterbalancing that liberally stacked court.  He still will have, from there, the influence on the Supreme Court and on our jurisprudence generally that he already has.

There are a number of other judges with the same talents, skills, and understanding of and appreciation for our Constitution, its text, and the text of our laws.  Any of those would make excellent choices for the Supreme Court.

It’s true enough that any of those also would make excellent choices for backfilling Kavanaugh should he depart for the Supremes.  However, that would require a second confirmation hearing and Progressive-Democratic Party time-wasting fight.

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