Saturday, October 06, 2018

Will The Court Have A Middle?

Justice Alana Kagan weighs in on the upcoming confirmation of Judge Kavanaugh by wondering if the Supreme Court will have a middle ground.  Go to the link for the analysis and video.

Her argument is that without a guy like Kennedy, who blows in the wind between the left and the right, it will be hard for the Court to find middle ground.  It's a self-serving argument where she is actually lamenting that Justices on the Court are predictable.  Yet, she is one o the more predictable.  It's fairly easy to say that she's utterly predictable.  As such, she could step up and find middle ground. 

My argument to her lamentation is that we already have an unpredictable middle in justice Roberts, who gave us Obamacare not once, but twice.  He should have gone ahead and joined with the predictable left when they legitimatized gay marriage. 

We'll see how Justice Kavanaugh opines on various topics in future cases, but I hold no great hope that anything conservative will come in the near future.  That part of his confirmation that actually focused on his judicial philosophy reveals that he believes in precedent ad stare decisis.  We won't see Roe overturned anytime soon.

Now, if Ginsburg would just do the honorable thing, we might actually be able to get a conservative Court.

1 comment:

Navy91 said...

An actual conservative court would tickle me to no end!