Monday night, President Trump nominated Judge Brett Kavanaugh to replace Justice Kennedy on the Supreme Court. The left continued their hysteria, insisting that this change in the court would spell doom for their progressive agenda. Some conservatives also raised concerns that Kavanaugh’s commitment to precedent makes it unlikely that he would vote to overturn Roe v. Wade. The consensus, albeit obviously speculative, of the experts I’ve talked to seems to agree with this. However, there is much more confidence that Kavanaugh will uphold state restrictions on abortions, helping to halt, and even shrink, the malignancy of the judicial and moral cancer of pro-abortion precedent.
Pro-abortion activists, on the other hand, are assuming that Kavanaugh does have the potential to influence the court on the life issue. In fact, right here in MA, some politicians are panicked enough to push legislation that would maintain legalized abortion through state laws if Roe v. Wade is overturned.
Kavanaugh also has the potential to help shape good decisions in critical religious liberty cases that will likely come before the court in the next two or three years. There are some encouraging highlights in his record on this issue. In Newdow v. Roberts, Judge Kavanaugh upheld the opening prayer and invocation of God at government ceremonies. He suggested that “stripping government ceremonies of any references to God or religious expression . . . would, in effect, ‘establish’ atheism.” It’s been clear for years that anti-Christian activists’ demands for separation of church and state are just a thin veneer for militant atheism, not true religious neutrality, and it’s great to see Kavanaugh point this out.
Kavanaugh also argued in Priests for Life v. HHS that it is “crystal clear” that “when the Government forces someone to take an action contrary to his or her sincere religious belief . . . the Government has substantially burdened the individual’s exercise of religion.” This same statement could (and hopefully will!) be used in the next Masterpiece Cakes case, providing much needed protection to people of faith against the ever-expanding demands of LGBTQ orthodoxy and government intrusion.
We’ve all learned by now that there are no guarantees when it comes to Supreme Court picks, especially, it seems, for conservatives. Nevertheless, I am cautiously optimistic that Kavanaugh will prove to be a solid justice, as Gorsuch appears to be. Kavannaugh’s lengthy record and credentials should make it very difficult for his nomination to be blocked. So if we start the next Supreme Court term in October with a Justice Kavannaugh having replaced the supremely disappointing Kennedy, I think that will be a win.
For our families,