Who’s Attacking Political Norms Now?
Democrats target the ‘legitimacy’ of the Supreme Court.
Senators Cory Booker and Kamala Harris at a Judiciary Committee hearing on Capitol Hill, Sept. 28. PHOTO: AARON P. BERNSTEIN/BLOOMBERG NEWS
After the extraordinary tumult of Brett Kavanaugh’s confirmation hearings ended, three normal things happened that are embedded in this country’s Constitution and traditions.
The full Senate voted on the nomination, and Judge Kavanaugh was confirmed. Then Supreme Court Chief Justice John Roberts swore in Mr. Kavanaugh as an Associate Justice. Last Tuesday Justice Kavanaugh, sitting as the most junior Justice next to Justice Elena Kagan, participated in oral arguments in two cases involving the Armed Career Criminal Act.
For Democrats, this return to normalcy is intolerable. They are doubling down on their war against the new Justice.
They have several related goals: Undermine Justice Kavanaugh’s authority on the Court, argue that his presence undermines the legitimacy of the Supreme Court itself, drive Justice Kavanaugh off the Court through impeachment if they win control of the House of Representatives, and, most fantastic of all, consider expanding the size of the Court if they regain control of the government.
At his political rallies, President Trump has taken to calling out “the radical Democrats.” Democrats are appalled at the President’s rhetoric. We can’t imagine why. If the party’s post-confirmation campaign against Justice Kavanaugh isn’t a radical departure from the norms of American politics, we can’t imagine what is.
Dianne Feinstein, speaking from her Senatorial platform on Twitter , wrote that Judge Kavanaugh’s confirmation “undermines the legitimacy of the Supreme Court.” Possibly Twitter’s character limitations prevented Senator Feinstein from explaining exactly how the legitimacy of the Court was being undermined, but the idea has taken hold among Democrats.
