Last night, President Trump announced Brett Kavanaugh as his nominee to replace Justice Anthony Kennedy on the U.S. Supreme Court. Predictably, the left immediately overreacted to the decision, as part of their programming. If you listen to them, you would think women are now going to be forced to die in the streets because they can’t murder their own child in the womb. We’re now going back to the dark ages where life is considered precious! Oh, the humanity! While it seems natural to support the nominee based on the left’s outrage alone, I would strongly caution against it. Yes, Kavanaugh has made some good decisions and comments in regard to the 2nd Amendment, Net Neutrality, and others; but he has also made some very troubling comments about abortion and other critical issues conservatives used to care about. Here are just a few examples of why, I believe, Brett Kavanaugh is a bad choice for the U.S. Supreme Court – or any court, for that matter.
In 2014, the Priests for Life v. U.S. Department of Health and Human Services made waves in regard to religious liberty. The court case involved a faith-based organization being forced to provide contraceptives and abortion-causing drugs to their employees under the rules of Obamacare. Judge Kavanaugh, though he ultimately decided in favor of the Christian group, wrote a disturbing opinion saying the government “has a compelling interest to force religious organizations to provide contraceptives and abortifacients for employees.”
Another case involves Garza v. Hargan. This related to an illegal alien minor attempting to get an abortion in the United States. In his opinion, Kavanaugh stated that he believed the best solution for the court would be to hand the illegal minor over to an adult sponsor and allow her to decide to have an abortion herself. This was viewed as a “compassionate” response by Kavanaugh, trying to find the best of both worlds.
In May 2006, Kavanaugh was answering questions before members of Congress in a confirmation hearing for the D.C. circuit court. When asked his views on Roe v. Wade, Kavanaugh stated, “If confirmed to the D.C. Circuit, I would follow Roe v. Wade faithfully and fully. That would be binding precedent of the Court. It’s been decided by the Supreme Court of the United States.”
He also favored the idea of calling ObamaCare a tax, rather than a fine, thereby upholding it as law of the land. Kavanaugh has been largely referred to as a big influence in Chief Justice Roberts ultimately coming to the exact same conclusion.
In regard to the Fourth Amendment and the importance of warrants, Kavanaugh’s views are especially troubling. In 2015, Judge Kavanaugh stated the following about the federal government’s metadata collection: “The Government’s collection of telephone metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment, as least under the Supreme Court’s decision in Smith v. Maryland. . .” He continues: “The Fourth Amendment allows governmental searches and seizures without individualized suspicion when the Government demonstrates a sufficient ‘special need’ – that is, a need beyond the normal need for law enforcement – that outweighs the intrusion on individual liberty.” In other words, your individual liberty that is specifically granted in the United States Constitution doesn’t matter if the federal government thinks its agenda is more important than yours.
The American Family Association, one of the largest Christian organizations pushing for Christian Conservative principles, has officially come out to oppose the nomination of Judge Kavanaugh. This should send a massive red flag to anyone who calls himself or herself a constitutionalist. Yes, the left is going after Kavanaugh with everything they have. Yes, their rhetoric is, in many ways, hyperbolic and ridiculous; but this kind of rhetoric would be coming out regardless of who President Trump ultimately picked. Their ultimate goal is to oppose Trump at every angle. They don’t actually care about having a Constitutionalist on the U.S. Supreme Court. They never have and never will.
This does say much about President Trump, however. He simply doesn’t have the guts to nominate and fight hard for a constitutionalist on the Supreme Court when the fight really matters. He received little pushback in nominating Gorsuch to replace the late Justice Antonin Scalia because it essentially returned the Court back to where it was before Scalia passed away in the first place. Why would he nominate someone who, while having experience in law, has a mixed, at best, record in defending the Constitution to the letter? There were several great options to choose from. Judge Amy Barrett, Senator Mike Lee, his brother Thomas Lee, and others would have made fine choices for a Supreme Court justice. Kavanaugh is not a good pick for the Supreme Court. In fact, he is a bad pick and could, if confirmed, turn out to be a horrible choice years down the road. This happens to us every time. The left never has to worry about one of their own turning away from liberal activism and upholding the Constitution. They stick to their guns virtually every time. The right, on the other hand, constantly loses people who were supposed to be solid originalists. People like Roberts, Kennedy, Sandra Day O’Connor, David Souter, and others have consistently let us down on key issues.
This goes to the heart of the issue with conservatives: we are often too focused on having a politically conservative Court rather than a constitutionally originalist Court. We want someone who agrees with us politically making activist decisions in our favor, rather than someone who sticks to the letter of the law. If we want legislative change, we have to fight for it at the legislative level. The Founding Fathers never intended for the Supreme Court to be this bloated, all-important branch that it is today. They believed in checks and balances for a reason, yet many Americans simply don’t believe in those things anymore.
I oppose Brett Kavanaugh’s appointment because I believe it’s high time for us to once again return back to what conservatism used to be about: conserving the Constitution in its original interpretation and the Judeo-Christian principles our Founders used in crafting this country and establishing its laws. The radical left never gives up on their principles. Why should we?