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Justice on Trial

Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court

Through Justice on Trial: the Kavanaugh Confirmation and the Future of the Supreme Court, a “definitive deep dive into the confirmation of Supreme Court Justice Brett Kavanaugh, two women with extraordinary behind-the-scenes access–The Federalist senior editor Mollie Hemingway and Judicial Crisis Network senior counsel Carrie Severino—reveal what really happened and explore what the bitterly divisive hearings mean for the future of the Court and the battle for the soul of America.”

The battle for the confirmation of Justice Kavanaugh to the Supreme Court, which most of us watched with horror last year, left many of us wondering if our form of government would survive.  We saw the left go to extraordinary means to further their own political objectives, putting forth false accusations and trying by intimidation, yelling, crowding into elevators and chanting, and bullying to get Senators to waiver in their resolve to confirm a very well-qualified conservative judge to the Supreme Court.   Because judges are so important to the proper functioning of this nation, this book is an important book for those who want to understand the history of the Supreme Court and the conservative judicial movement.  The book is easy to read and gives not only a “behind the scenes” look into the Kavanuagh confirmation, but also gives us the stakes in our fight for judicial conservatives in the courts.

The authors write:
“Americans remember the Warren Court as the most liberal in the nation’s history. … Judicial conservatives’ criticism was focused on the anti-democratic means by which the Court sought to reshape American society. The proper constitutional means to achieve any societal or legal change is legislation passed by elected representatives, not the fiat of unelected judges. Progressives disagreed. Frustrated by their inability to achieve all they wanted through the political process, they applauded each time the Warren Court intervened in their favor. Justice Brennan described the power of these unelected justices with chilling clarity when he told his incoming clerks that the most important rule in the law was the “Rule of Five.” With a majority of five votes, the Court could do anything.”

Unlike the progressive judicial movement, the conservative judicial movement is not a movement to reshape society with conservative social values thrust upon us through the Supreme Court “Rule of Five,” but rather to appoint judges who make rulings based upon the Constitution as written and supporting legislation as written by the legislative body. These are called originalist.  Even in the case of Texas elected judges, conservative judges are expected to honor the rule of law and apply the law as written and as intended.  It is not for judges to “improve” poorly written legislation or to rush forward with their own social conservative agenda (in the manner of activist progressive judges), but rather to preserve the proper balance of power in our Federal and State governments by sticking to the Constitution and statues as written.  It is up to the legislative and executive branches to amend the Constitution, if necessary, and to pass laws that comport with the will of the electorate and the powers given them by the State or Federal Constitutions.  We, of course, are not always going to like every ruling of a conservative Court, but our form of government will be preserved.


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