October 2, 2018

RANDY BARNETT: The Case For Kavanaugh. “In my view, senators are within their prerogative to reject Brett Kavanaugh because they disagree either with his originalism or with his willingness to invalidate unconstitutional laws. But I also believe that, if that is what they are doing, they have an obligation to specify exactly what it is about his judicial philosophy with which they disagree. And they can only do that by identifying what the senators believe to be the superior judicial philosophy. These are issues they failed even to raise during his confirmation hearing. Instead, we heard a lot from Democratic senators about particular case outcomes they hoped or feared Judge Kavanaugh would reach. But nothing about why such outcomes were more or less consistent with the written Constitution that he—and they—took an oath to support. In contrast, Republican Senators like Mike Lee, Ted Cruz, Ben Sasse and John Kennedy engaged Judge Kavanaugh—in some cases critically—with his views of constitutional interpretation and precedent.”

InstaPundit is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.