With the addition of Kavanaugh, the Supreme Court is as firmly Republican as are the House and Senate.
Think for a moment about what that means. Bart O’kanavaugh may be new to the lowest court in the land, but the meaning of this sentence is old:
Whether a person is guilty or innocent, whether the principles of civil law favor one party or another, depends on whether the judges involved are Republicans or Democrats! How messed up is that?
Don’t you think it’s odd that there are 5-4 decisions? Here we have the 9 most prestiged legal experts in the country, so none of them should be making an error in their understanding of the law (and certainly not 4 of them;) they are all accessing the same version of the constitution, and yet, the law is ambiguous enough that not only is a unanimous decision almost unheard of, but their understandings of the law can be tweaked to fit in comfortably with whatever political ideology.
As a matter of fact, the decisions and their consequences could just as credibly be decided by 9 randomly selected citizens with less familiarity with the constitution than with pop music lyrics! Even if 9 judges did nothing but flip coins, we would still have decisions that would match what the 9 greatest legal experts in the country would come up with, if those 9 legal experts had been chosen at just the right point in history, by just the right president.
What does that say about the constitution? What does that say about the integrity of the court, even before there was at least one perjurer sitting on it?
Then you have judges who call themselves “originalists,” as if the founding fathers had any intent with respect to even 10% of the issues at stake. Net neutrality? Interstate trade in electricity? Money as free speech? Do they really expect us to believe they are only concerned with the most direct interpretation of the constitution? Ha!
And, of course, there was Susan Collins who said that finally, we won’t have to deal with 5-4 decisions. Right, because now they will be 6-3 decisions and somehow we don’t have to worry about the image of uncertainty. Huh? Go back in time to any supreme court decision, pick any two numbers that add to 9, and I guarantee you could find a combination of 9 people, all qualified for the court, who would decide in that specific tally.
Or go back only 2 years, when a small number of voters in one state would replace Gorsuch and O’Kavanaugh with two picks from Hillary Clinton. The result would be the same: fewer 5-4 decisions and more 6-3 decisions. And I suppose Susan Collins would think that was great too because then we don’t have to worry about those decisions seeming so uncertain, even though they would be decided exactly opposite of the decisions for the next few years. That’s right–two completely opposite decisions, and they’re both as certainly correct!