Kennedy’s retirement offers path to uniting party
For Trump, the retirement of
The actual stakes of the struggle are a bit lower than either side -- intent on whipping up the froth of their own partisans into stiff peaks — will admit. Activists are making the shorthand argument that replacing Kennedy with a conservative judge means the death of Roe v. Wade and the illegality of abortion in much of America.
In fact, replacing Kennedy with a conservative judge means that
The result of a Roberts-dominated court, over time, would probably be the weakening of Roe’s pro-choice absolutism. This would allow states more latitude to make incremental restrictions. But before Roe, many states were already moving in a pro-choice direction. And the availability of abortion has become a entrenched social expectation. A democratically determined outcome in most places would probably involve few restrictions on early abortions, when a fetus is nearer to being a blastocyst, and greater restrictions on late-term abortions, when a fetus is nearer to being a newborn.
Roe is vulnerable to revision because it is medically, morally and legally incoherent. It drew a series of preposterously arbitrary scientific lines, declared the ethical concerns of millions of Americans inconsequential and forestalled the development of a more stable and legitimate democratic consensus. In all likelihood, Roberts will try to allow democracy to resume its work. This is not likely to please those who view abortion as a fundamental right or as a fundamental wrong. But the result would probably be more favorable to the pro-choice position than pro-choice activists fear.
As a political matter, however, the fight over Kennedy’s replacement is a gift to the president. It is a reminder of Trump’s adherence to the deal he made with evangelical (and other religiously conservative) supporters: Ignore my bigotry and bad character, and all the kingdoms of the courts will verily be yours.
But it is more. In his tariff policy, Trump is an economic illiterate. In his foreign policy, he is an easily manipulated tyro. In his immigration policy, he is condemning
If, for example, Trump is wise enough to nominate federal appeals court judge
Seeing Kavanaugh’s concern for accuracy and honesty, his focus on detail, his unfailing decency, his quiet integrity, was one of the joys of my job. Kavanaugh’s writings reveal his judicial philosophy. But I also know him to be conservative by temperament —- fair-minded, non-dogmatic and thoughtful.
Others who appear on Trump’s short list would have similar broad appeal among conservatives — even Never Trump hardliners. Unless Trump blows this nomination with a foolish, impulsive pick (not impossible), he will enter the midterms with a cause that excites his base and unites his party.
Once again, Trump’s luck holds.
— Michael Gerson’s email address is [email protected].
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