One really must wonder where folks like Art Corey get their ideas:
Congratulations to Republicans on their big Supreme Court win. Brett Kavanaugh’s confirmation could ensure GOP control over the court for a generation. Who could have imagined that obstructing Merrick Garland would result in not one but two hard-right conservatives joining the court?
“Hard-right conservatives”? What? Kavanaugh was the more-moderate pick, and the whole thing about “conservative” jurists is that they rule according to the law, not ideology or a party’s contemporaneous requirements. The GOP won’t “control” the court; the court will ensure that legislative changes to the law happen in the legislature, whichever party happens to control it. That’s why this is so wrong:
But the Republicans’ lust for power has blinded them to the truth that the court derives its legitimacy from the belief that it is above politics.
If the court is above politics, it has to be because it rules according to the written law, whether or not a particular ruling is politically popular or corresponds to the temper of the time. The entire “living Constitution” idea pushed by the Democrats and the Left more broadly is what makes the court inevitably political. That is why the progressive wing of the court has ruled much more in lock step than the conservative wing and why this seems either disingenuous or naive:
So now any liberal group with business before the court could rightly question the legitimacy and impartiality of its decisions.
Corey would do well to recall that progressive Justice Ruth Bader Ginsburg regrets making injudicious statements about Donald Trump not because she allowed herself to have political thoughts, but because it was “incautious.” In other words, she should have kept her bias well hidden.
But nobody is fooled any longer, which is why conservatives seek originalist judges who will rule impartially and restore legitimacy to the court. Every judge has bias; what’s needed is a legal philosophy that really does leave that aside. Conservatives’ hope is that the experience of his confirmation will provide Justice Kavanaugh with some inoculation against the social pressures that sometimes push judges toward the elite (which is to say, progressive) understanding of the law.