Supreme Court

Brett Kavanaugh has been confirmed by the US Senate on 10/6/18 and has been appointed to the Supreme Court.

There are 9 Justices on the US Supreme Court including 4 Liberals, 2 Swing Voters and 3 Originalists.

Brett Kavanaugh joins Neil Gorsuch and Clarence Thomas as the “Originalists” on the court. They agree that court opinions should be based on the US Constitution as written. They would reverse previous bad court opinions.

John Roberts and Sam Alito (Libertarian) are swing voters and not “Originalists”.

Sonia Sotomayor and Elena Kagan join Ruth Ginsburg and Stephen Breyer as the Liberals on the court. They agree that court opinions can be based on the notion that the US Constitution is a “living document” and they do not have to base their opinions on the US Constitution as written. They prefer to use previous court opinions to determine cases. They would not reverse previous bad court opinions.

Democrats believe the swing voters will side with the Originalists and are bracing for 5 to 4 votes in favor of Conservative, Originalist decisions.

Ruth Ginsburg is 85 and Stephen Breyer is 80. Both may retire before 2024. If they do retire and more Originalists are added to the court, Democrats will be limited to changing law from the Congress and not from the Supreme Court.

Past errors by the Supreme Court could be reversed by an Originalist court to make our laws more in compliance with the US Constitution.  Our laws and government structures are completely in violation of compliance with the US Constitution. Congress has assumed responsibilities that have not been granted through the Amendment process as required.

The Originalist view of the Supreme Court is more likely to insist that Congress must make the law and the Court must interpret the law based on what the law says. 

In the Abortion debate, the court has stated that it is the Congress who must provide the legal definition of Life in order to determine the legality of abortion.  In absence of this determination, the court is open to hearing other abortion cases and may overturn Roe v Wade.

The process was a farce that the Democrats inflicted and the Republicans allowed. This soap opera played out over months. The final episode included phony accusations and bipartisan defamation of character for the nominee. Now each side is speculating about who won this mud wrestling travesty.

I am more convinced that the entire Senate needs to be replaced. This was a scam on the voters to “energize both sides.  Nothing will be done to keep this from happening again. Their excuse will be that they have to protect free speech. So the Alinsky tactics are with us forever.  Now we are supposed to be excited about voting in November.

Trump has suggested tighter “Libel” laws to prevent more defamation abuse fueled by unsubstantiated accusations. Mitch McConnell is not ready yet to clean up the process.

Norb Leahy, Dunwoody GA Tea Party Leader