In 1991, the North Atlantic off of Nova Scotia experienced what has been called the “Perfect Storm” – the convergence of three weather systems that made for a huge storm (made famous in the movie by the same name released in 2000). Brett Kavanaugh and the country experienced something similar this past month as he was undergoing scrutiny before being voted on to serve on the Supreme Court. He found himself caught in the thralls of three great “weather” systems.
1. “a privileged white male”
The #MeToo movement in particular but, the feminist movement in general, found the white boy from a prep school given many privileges in life to be offensive. At issue was breaking the white male dominance on the court. Kavanaugh was just about everything the women’s movement detests.
2. a Constitutional court
The years since Roe v Wade have seen the court in violation of its constitutional mandate to decide whether laws comply with the Constitution. Rather, the court has found reason, often hidden in the 14th amendment, to make laws which is a duty given solely to Congress. It was one thing to replace Scalia with another Rule of Law person, but to replace Kennedy with a Rule of Law justice was a major shift and thus reason to howl!
3. Roe v Wade:
Possibly the most polarizing and political issue in all our country is that of the Right to Life v. Choice. In almost every campaign for an office and almost every Supreme Court discussion it is a major, if not the primary, topic. Kavanaugh stated that he saw Roe as precedent and thus settled. He may say that, but Roe is still not law! Precedent may be strong, but it is not Constitutionally protected! The fact that he was careful to not call Roe a law, leaves the door open to it being dismissed at some point and given back to the states to individually decide.
The election on November 6th is very, very critical again because of the Supreme Court. There is a strong likelihood that another justice or even two will leave the bench in the next couple of years. With a Republican majority in the Senate, another Rule of Law justice will have a chance at being seated. When possibilities were being floated to take Kennedy’s seat, a woman was often mentioned. She might be the next nominee which would at least silence the white male complaint. Yet, there needs to be a Senate majority that believes in Rule of Law.
An activist court is a huge problem for there is little that can be done to overrule them. Sure, a law can be passed changing the court ruling but that law could be challenged and have to face the very court that the law was attempting change. Activist courts have been a big problem over the past decades and may remain so unless Rule of Law judges are appointed. The November 6th election is very important – PRAY and VOTE!
a PK Musing 
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