The ugly battle is over. By a slim margin and largely along Party lines, Brett Kavanaugh has replaced the moderate Anthony Kennedy on the Supreme Court, theoretically solidifying a 5-4 conservative majority. Here are the salient points from this landmark battle.
The Rule of Law will replace The Rule of Man. For the past decades, controversial public policy decisions were imposed on the electorate by power hungry judges who preferred to make up the law rather than to interpret it. By judicial fiat, our Supreme Court removed God from public schools, allowed pornography to proliferate, legalized abortion and gay marriage and forced taxpayers to pay for the education and health care of illegal immigrants. Reasonable people can disagree on these issues, but the Supreme Court removed the right of the American people to govern themselves. Had Hillary Clinton won the election, she would have appointed judges who overturned the Second Amendment, made illegal aliens citizens, gerrymandered districts to the Democrat’s advantage and discarded the Electoral College. Now liberals will have to convince the voters of the wisdom of these ideas, which is why they are livid.
President Trump’s ruthless no-holds-barred style has been vindicated. Establishment Republicans from the Bush-Romney Marquis of Queensbury School of Politics have been relegated to Siberia. These people have been preaching “collegiality” and “bipartisanship” and were “appalled” at Trump’s behavior. But when it appeared that Kavanaugh had secured the votes to become a Supreme Court justice, the Democrats showed their true colors. They accused Kavanaugh of attempted rape, exposing himself while drunk, and organizing and participating in gang rapes while he was a teenager. Republican Senators were harassed in restaurants and received death threats from liberal thugs. Hollywood, night time comedians, Yale Law School, Harvard Law School, the American Bar Association, the ACLU and the media piled on. The liberal mob expected Kavanaugh to fold or quietly and calmly deny these allegations. But in one day, Kavanaugh morphed from a Bush Republican to Trump Republican, vociferously denying these charges and legally dissecting them. And he won the day.
Republicans will probably hold the House and Senate. The failure of the Democrats to stop Kavanaugh will depress their base. Republicans, on the other hand, have seen the belly of the beast – mob rule, violence and guilt simply by unproven allegation. The conventional wisdom is that outraged women from the #MeToo movement will come in out droves against the entitled white male frat boy patriarchy that Kavanaugh represents. Perhaps. But women also have husbands and sons. Could an unsubstantiated allegation of sexual harassment or abuse against one’s husband destroy her family’s livelihood? Could her son be labeled a sexual predator for life because of a failed college romance or seemly-consensual one-night stand? And these women saw the pain on Kavanaugh’s wife’s face as she quietly sat behind him while he pled his case. Women may decide that President Trump is the lesser of two evils.
President Trump and the Republican base will no longer tolerate the Mueller witch hunt. While Mueller has been eternally fishing for Russian collusion, it is well known the Clinton campaign illegally funded a Russian dossier with the assistance of members of the FBI and CIA. This dossier was used to issue FISA warrants to spy on Trump’s campaign. Prominent intelligence officials such as former CIA Chief John Brenner and former Director of National Intelligence James Clapper choreographed this and may have lied under oath to Congress about their involvement. President Trump may be willing to overlook this if the Mueller investigation ends; but if not, expect him to use his powers to appoint an Attorney General who is not afraid to fire Mueller or appoint another Special Prosecutor to assess these allegations.
Kavanaugh has promised to be an impartial judge. Yet over 2,400 law professors signed a petition opposing his nomination after he was accused of sexual assault. Some of these professors will undoubtedly appear before Kavanaugh someday. It will be a true test of his judicial temperament to take seriously the argument of someone who accused him of sexual assault.