The Supreme Court

As I write this (Saturday morning), Supreme Court Justice nominee Brett Kavanaugh has not been confirmed; although, that seems more likely than I had thought Friday morning before the cloture vote.  Nevertheless, here’s why we need another textualist Justice on the Court—from the words of another Supreme Court Justice.

Associate Supreme Court Justice Elena Kagan said Friday she fears the high court may lack a justice going forward who would serve as a swing-vote on cases….


Kagan said at a conference for women at Princeton University that over the past three decades…there was a figure on the bench “who found the center or people couldn’t predict in that sort of way.”

She made her view explicit:

It’s not so clear, that I think going forward, that sort of middle position—it’s not so clear whether we’ll have it[.]

It’s an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply extension of a terribly polarizing process.

In one respect, it’s shocking that a Supreme Court Justice would have so little understanding of the role of American judges in our nation—in their role at the foundation of our freedom.

What’s polarizing and destructive of the Court’s credibility is its penchant for ruling on the basis of their individual views of what society needs or wants, even to the point of rewriting a law, as Chief Justice Roberts did in order to “save” Obamacare.  Determinations of what society needs and modifications of law are political decisions, that only We the People, through our elected representatives, can make.  That’s clear from our Constitution’s Article I, Section 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Short, sweet, to the point, and not at all susceptible to misunderstanding.

Nor can a judge rule for the sake of achieving what seems to be—to the judge—some sort of “middle ground.”

A judge can only rule on the basis of what a law, or our Constitution, says.

Full stop.

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  1. Pingback: Roberts’ Court | A Plebe's Site

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