Let’s begin by saying that the title of this essay is not a metaphor proclaiming Judge Kavanaugh to be the second coming of Christ. Even though the Judge is a devout Catholic, the crucifixion to which I refer is political, not spiritual. It is, in fact, the U.S. Senate confirmation hearings, scheduled to begin on Tuesday, September 4th, in which his nomination to the Supreme Court will be considered.
Battle lines have already been drawn by politicians from both parties. The President and Republicans on the right supporting Judge Kavanaugh and the Democrats opposing his nomination on the left. Leading the opposition for the Democrats is a very vocal group of political radicals in Constitutional subversion, known as the P.R.I.C.S., who are dedicated to making Judge Kavanaugh suffer painfully for his “perceived” judicial transgressions!
Beginning on Tuesday this coming week we will witness political theater of biblical proportions. The worst features of American politics will be on display for the world to see and this hearing is expected to make the high-tech lynching of Justice Thomas and the character assassination of Judge Robert H. Bork look like child’s play.
And hanging in the balance of the fight for the high ground in the Supreme Court is our Second Amendment right to keep and bear arms for the lawful purpose of self-defense.
The Liberty First Foundation is excited about Kavanaugh’s nomination and urges everyone to call their U.S. Senators and ask them to vote for the Judge to be confirmed. He is a conservative Judge who interprets and applies the Constitution in the way it was written and will not attempt to make public policy by legislating from the bench.
The National Rifle Association, Institute for Legislative Action, has been running a T.V. advertisement that sums up the urgency of Kavanaugh’s confirmation quite well. The ad informs Americans that the present make-up of the Supreme Court has 4 Justices who voted against our right to self-defense and 4 who voted for it. Judge Kavanaugh is needed to break the tie in favor of our right to bear arms.
Senate Majority Leader Mitch McConnell is seeking to have Judge Kavanaugh confirmed and sworn-in to the high court for the start of its next term which begins on October first. However, Senate Minority Leader and Chief of the political radicals Charles E. Schumer, D-NY, and all 10 Democrats on the Judiciary Committee, have a different plan. Last month they gathered on the steps of the Supreme Court and publicly announced that they will vigorously oppose Judge Kavanaugh. They said they feared he would be a pivotal vote to unravel Obamacare and reverse the 1973 ruling in Roe v. Wade that legalized abortion. Sen. Kamala D. Harris, a California Democrat, told young women that a possible ruling to overturn abortion rights “will forever change your lives.”
Surprisingly, there hasn’t been much concern expressed about the Judge’s judicial philosophy with respect to the Second Amendment, but we can be certain one of the political radicals will ask him how he would rule in a case involving an assault weapon ban. On at least 2 previous occasions the Judge has revealed a smidgeon of insight into his thinking in this regard.
The first instance was his 2011 dissent on a Washington, D.C. case known as Heller II.
He began by saying, “As a lower court, however, it is not our role to re-litigate Heller or to bend it in any particular direction. Our sole job is to faithfully apply Heller and the approach it set forth for analyzing gun bans and regulations.”
The District of Columbia ordinances broadly banned semi-automatic rifles. Judge Kavanaugh explained that in Heller, the Supreme Court held that semi-automatic handguns are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens, so the same reasoning must be extended to semi-automatic rifles. He found that there is no meaningful distinction between semi-automatic handguns and semi-automatic rifles, which also have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Therefore, he reasoned, the D.C.’s ban on them is unconstitutional.
The Second instance was during a 62 minute long interview with Paul Gigot, who serves as an Editor for the Editorial Page of the Wall Street Journal, and participates in analyzing civic and Constitutional issues of note with the American Enterprise Institute. The topic for discussion was “The Court; Power, Policy and Self Government” and it was broadcast by C-SPAN on March 31, 2016. This was three months before Donald Trump became The Republican Party’s Official Nominee for the office of President.
Judge Kavanaugh was prophetically introduced as a Judge who, “given his age, his intellectual rigor, his dedication to Constitutional principles and his distinguished Judicial record, I think it’s safe to say that he will be one of the half dozen or so Judges who will be considered for the Supreme Court by the next Republican President, assuming of course, there ever is another Republican President!”
The judge was asked many questions during the course of the interview, but the most noteworthy questions came 34 minutes into their discussion when Kavanaugh was asked about Heller, McDonald and the 14th Amendment which incorporated Heller against the states. He spoke eloquently for ten minutes about the “deeply rooted in history and traditions test” established by the Court and recognized that a “battleground exists” wherein many lower Courts are not following Heller the way it was written by Justice Scalia. He also said that the language in Heller is pretty clear and that he feels like a “lonely voice” in reading Heller that way. His command of the facts in these Second Amendment cases is remarkable and judicial philosophy of “originalism and textualism” make him the right man for the job at the right time in the history of our Republic.
The interview is archived at C-SPAN.org and is still available for viewing. Simply enter the date of March 31, 2016 into the search bar of the C-SPAN website and scroll down through the videos. You won’t be disappointed!
After watching the Kavanaugh interview it is plain to see why the political radicals want nothing to do with him. Chief radical Charles Schumer was quoted as saying, “I’m going to fight this nomination with everything I’ve got.” Some in their party wanted Schumer to boycott the hearing to thwart Judge Kavanaugh’s nomination. But no, they would rather take off their gloves and have a bloody street fight in a sordid display of solidarity in their nonstop resistance to the Trump Presidency. They have become the party of “NO FREAKIN’ WAY” and they need a brutal performance in advance of the midterm elections to stimulate their base of supporters and to boost the campaign contributions flowing into their coffers!
As defenders of the Second Amendment, we can never rest. We must be ever vigilant and our activism must be focused and relentless. Our sights must now be set on Kavanaugh’s confirmation. He called Justice Scalia his hero. It’s time to make Kavanaugh our hero.
Everyone who reads this and agrees with it must call and write your Senators imploring them to vote for Judge Kavanaugh. The Bill of Rights needs a conservative Supreme Court and the left will do everything they can to prevent it. Do not let them defeat us. Please join the fight because we can’t let the P.R.I.C.S. win!