General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat's wrong with Kavanaugh isn't just that he's conservative.
The big problem is that he's a committed political partisan in a way that other justices aren't. Even Gorsuch, who is basically a Scalia clone whose judicial philosophy is a crabbed, archaic constitutional literalism that generally favors corporations over labor and government over the rights of individuals, doesn't seem as extreme and biased as Kavanaugh, whose allegiance seems to be with the GOP instead of a traditionally conservative view of the Constitution.
And that makes me wonder how Chief Justice Roberts will deal with him if he's confirmed, which unfortunately seems likely. Roberts, while reliably conservative, is more of a centrist than Scalia's mini-me, Thomas, or Gorsuch; Alito seems a bit closer to Roberts in philosophy than he is to the other conservatives. All of these justices (with the possible exception of Thomas) have occasionally written or signed on to decisions that were reasonable or at least not terrible. Roberts also encourages collaboration whenever possible. Will Roberts want the court with his name attached to it to go down in history as one that's been tainted by a highly dubious process leading to the appointment an extremely conservative GOP partisan? Can he - and will he - protect the court from charges that the court's legitimacy has been damaged?
elleng
(131,006 posts)CincyDem
(6,366 posts)Not because he's the Chief Justice but because he's the ideological center and, as a result, he's "the fifth vote" on just about every issue. Kavanahugh and anyone else Trump nominates will be to the right of Roberts. There is no way on god's green earth that Trump evah nominates someone to the left of Roberts.
The way Roberts deals with Kavanaugh is the same way any ideological center deals with it - through their vote.
The issue comes if we lose another liberal judge. If we lose a Thomas or an Alito...no big change because Roberts holds the center. BUT, if we lose Ginsberg or Kagen for example, Trump nominates someone to the right of Roberts and all of a sudden two things happen that I never anticipated seeing in my lifetime.
1) Alito becomes the "centrist" of the court...that ideological center who is, arguably, the most important of the 9 justices.
2) Roberts becomes part of the "left wing" of the court.
Just think about that. In the past 15 years, these guys have become the center when the rest of the country is moving to the left.
Sheesh.
elleng
(131,006 posts)Alito's my least favorite. I do think Roberts has in mind the historical reputation of the Court, and cares that it remains sound.
alwaysinasnit
(5,066 posts)his legacy on the Court because, if so, then he should be deeply regretting his role in legalizing the purchase of politicians and the political process in general (Citizens United and its progeny).
The Velveteen Ocelot
(115,761 posts)but it can't be changed unless the issue comes before the Court again.
alwaysinasnit
(5,066 posts)Warren took.
https://www.npr.org/templates/story/story.php?storyId=92043809
One can only hope.