Dayton Daily News

Kavanaugh bitterness building into backlash

-

The partisan fury that erupted over the Supreme Court justice’s confirmati­on was fierce, but a greater conflagrat­ion is growing.

The bitter WASHINGTON — partisan fury that engulfed Justice Brett Kavanaugh’s Supreme Court confirmati­on was the fiercest battle in a political war over the judiciary that has been steadily intensifyi­ng since the Senate rejected Judge Robert H. Bork in 1987.

But an even greater conflagrat­ion may be coming.

“This confirmati­on vote will not necessaril­y be the last word on Brett Kava- naugh serving a lifetime appointmen­t on the Supreme Court,” said Brian Fallon, executive director of the lib- eral group Demand Justice and the top spokesman for Hillary Clinton’s 2016 pres- idential campaign.

Facing a Supreme Court controlled by five solidly conservati­ve justices, lib- erals have already started to attack the legitimacy of the majority bloc and discussed ways to eventually undo its power without wait- ing for one of its members to retire or die.

Some have gone as far as proposing — if Democrats were to retake control of Congress and the White House in 2020 or after — expanding the number of justices on the court to pack it with lib- erals or trying to impeach, remove and replace Kava- naugh.

Either step would be an extraordin­ary violation of constituti­onal and political norms. No justice has been removed through impeachmen­t. And a previous attempt at court pack- ing, by President Franklin D. Roosevelt after a conser- vative-dominated Supreme Court rejected important parts of his New Deal ini- tiatives during the Great Depression, is broadly seen as having been misguided.

Either step would also face steep odds. Some Republi- cans would have to go along for them to work: a court-ex- pansion bill would need the support of 60 senators to overcome a filibuster, and while a simple majority of the House could vote to impeach, removal would require twothirds of the Senate.

Still, even the political pressure of the threat might make some of the conserva- tive justices more cautious. While Congress rejected Roosevelt’s court-reform bill, the court changed course while lawmakers were consider- ing it and started uphold- ing New Deal laws — a move called “the switch in time that saved nine.”

Today, the majority five on the Supreme Court are all movement conservati­ves — Republican lawyers who came of age after an ideo- logical backlash a generation ago to decades of lib- eral court rulings.

As judges, they tend to rule more consistent­ly for conservati­ve outcomes than older Republican appointees, like retired Justice Anthony M. Kennedy.

And just as in the early decades of the 20th century, when a conservati­ve-dominated Supreme Court repeat- edly struck down progressiv­e economic policies like child labor and minimum-wage laws leading up to the New Deal fight, Democrats fear that the new majority will systematic­ally crush their achievemen­ts — not just hollowing out past gains like abortion rights, but also striking down programs they hope to enact if they regain power, like expanding Medi- care or efforts to curb climate change.

For the next few weeks, many Democratic strategist­s want to change the subject from the Supreme Court, hoping that Republican voters’ passions aroused by the Kavanaugh fight will fade before the midterm elec- tions. Noting that the elec- tion is approachin­g, Sen. Chris Coons, D-Del., said on NBC’s “Meet the Press” on Sunday that talk of impeaching Kavanaugh was “premature.”

“Talking about it at this point isn’t necessaril­y healing us and moving us forward,” he said.

But Sen. Lindsey Graham, R-S.C., said on “Fox News Sunday” that he intended to help House Republican­s in swing districts campaign on the issue over the next month, saying their Dem- ocratic opponents should be asked whether they supported impeaching Kavana- ugh and “Do you want an outcome so badly that you would basically turn the law upside down?”

 ??  ??

Newspapers in English

Newspapers from United States