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The Kavanaugh Pick: Lamenting an Opportunity Lost
National Review ^ | 07/10/2018 | David French

Posted on 07/10/2018 8:20:03 AM PDT by SeekAndFind

I’ve got a piece up over at the Washington Post about the Brett Kavanaugh nomination. It was a safe choice — and an opportunity lost. There was a choice out there that fired the conservative imagination, the kind of choice that arguably only a Donald Trump would have the guts to make:

There was a moment, in the early afternoon of July 9, when conservatives contemplated the delightful possibility that they might witness the best possible version of President Trump — the man with the will (and flair for the dramatic) that would allow him to be bolder than the average Republican president. The best version of Trump would have been nominated Amy Coney Barrett to the Supreme Court.

Would another Republican have the guts to put forward a nominee who would so clearly inflame the culture wars? Would another Republican president shatter the GOP nominee mold by selecting a mother of seven kids, an outspoken Christian and a graduate from a “normal” non-Ivy League law school? The base-motivating, electrifying pick was right there, in the palm of his hand.

Then, he went establishment. He chose a man that any Republican president would have nominated. He made the best safe choice he could: Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit.

This does not mean that Kavanaugh will be a bad justice. Over time, I think he’ll prove to be a solid (and perhaps even excellent) pick. And, over the next several weeks, we’ll see an avalanche of progressive attacks, many of them labeling even his best and most rigorous opinions “extremist” or “dangerous.” Kavanaugh will be an easy pick to defend. But it’s simply a fact that tonight my inbox is lighting up with responses — many of them from Trump supporters — expressing a sense of regret.

And to those saying, “Relax, it will be her next time,” we should remember all the passed-over judges who never, ever saw that “next time.” There’s zero guarantee that Trump will get another SCOTUS pick. We don’t know of any justices pondering retirement, and nobody should be ghoulish enough to predict any justice’s demise. Don’t for a moment think Ruth Bader Ginsburg will step down under President Trump. So, until proven otherwise, I stand by my assessment.

One final note: You wouldn’t believe how often conservative professionals ask my advice about how “open” to be on their CV’s, in their social media, and online about their conservative religious affiliations. Ever since Brendan Eich, there’s a palpable sense that there’s a stained-glass ceiling descending on certain professions (including law) restricting the upward mobility of orthodox Christians. Barrett’s nomination wouldn’t “just” have put an outstanding originalist on the Court for 30 years, it would have helped blunt the force of secular bigotry. The direct confrontation between an angry secular Left and an accomplished, poised Christian professional would have represented a culturally important moment.

But alas, it was not to be. Kavanaugh will be an excellent judge. In a more functional political system, he’d win confirmation by an overwhelming majority and not the slim margin he’ll likely receive. I’ll defend him vigorously from unfair critiques tomorrow, but tonight I join many conservatives in a slight sigh of regret. There was a better choice.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Philosophy
KEYWORDS: fakenews; handwringers; kavanaugh; missedopportunity; nrwantedhillary; sameoldbsfromsandf; scotus; supremecourt; trumpscotus
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To: SeekAndFind

he’s very pro 2A …… without guns, we have nothing


21 posted on 07/10/2018 8:30:24 AM PDT by changeitback440
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To: Alberta's Child

“Did Barrett even want the job at this point in her life?”

Nice. I bet not one in a hundred thousand ever considered this a possibility.

I know I didn’t.


22 posted on 07/10/2018 8:30:31 AM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: SeekAndFind
Kavanaugh worked in George W. Bush's presidential campaign, was a member of his administration and was nominated to the DC Court of Appeals by Bush.

Those don't look like the earmarks of a surefire conservative vote on the SC to me. We've been burned repeatedly by "moderate" or "safe" conservative judges who turn out to be big disappointments once confirmed. Sandra Day O'Connor, Anthony Kennedy, David Souter - hopefully Kavanaugh will not be another one.
23 posted on 07/10/2018 8:30:57 AM PDT by AnotherUnixGeek
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To: Redleg Duke

NR would pick another liberal Kagan if they could.


24 posted on 07/10/2018 8:31:02 AM PDT by CodeToad
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To: SeekAndFind

Maybe I’m missing something, but I just never got the hype around Barrett. I still have no idea where she stands on much of anything outside of abortion.


25 posted on 07/10/2018 8:32:17 AM PDT by VOR78
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To: AnotherUnixGeek

Don’t forget that aside from Roberts, GW Bush gave us Sam Alito, an outstanding justice the way I see it ( of course he did it after there was big conservative stink on his first nomination, Harriet Meyers, who fortunately, withdrew her nomination ).


26 posted on 07/10/2018 8:32:57 AM PDT by SeekAndFind
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To: SeekAndFind

I can just imagine Frenchy whining if it had been Amy Barrett Comey, how Trump would have stupid to nominate someone who had no chance of being confirmed.

You just can’t win with the Never Trumper crowd. This conservative has no regrets about last night’s pick.


27 posted on 07/10/2018 8:33:40 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: PapaBear3625
RGB isn't going anywhere. 85, yes, but by appearances physically stable and energetic -- popping up all,over the place giving lectures, accepting awards, etc.

I don't expect that Trump will be the one to nominate her successor.

28 posted on 07/10/2018 8:34:44 AM PDT by Wyrd bið ful aræd ( Flag burners can go screw -- I'm mighty PROUD of that ragged old flag)
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To: PapaBear3625

Yep, that’s what I’m thinking. Trump is playing the long game. If Kavanagh turns out to be solid and not a Souter, Kennedy, or an O’Connor, the Trump presidency will go down as transformational.


29 posted on 07/10/2018 8:36:38 AM PDT by Obadiah
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To: SeekAndFind

And I am so tired of this “any Republican president would have” argument from the Never Trumpers. They claim that re: the economy and world affairs and deregulation and now SC Justices.

While W tried to slip Harriet in on us, to go along with Roberts, Poppy gave us Thomas, but also Souter. And even Reagan had an uneven record, with both O’Connor and Kennedy to go along with Scalia.

God help us even pondering whom McCain or Romney would have named.

It is looking like Trump is going to go 2-2 in his first two years as president.


30 posted on 07/10/2018 8:37:27 AM PDT by 9YearLurker
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To: VOR78
The hype around Barrett is based on the hateful bilge she got at her appellate court confirmation hearing from the likes of such vile mutants as Diane Feinstein and Dick Durbin.

I think she'd be a great U.S. Supreme Court justice. There's a reason why she was added to President Trump's list of 25 potential nominees shortly after the outrage you saw from Feinstein and Durbin. It's just that now may not be the right time for her. Give her time to build a Federal court track record.

31 posted on 07/10/2018 8:37:33 AM PDT by Alberta's Child ("I saw a werewolf drinking a pina colada at Trader Vic's.")
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To: exnavy
The president will pick a total of 5 To the Supremes before leaving office.

From your keyboard to God's monitor.

32 posted on 07/10/2018 8:37:34 AM PDT by Jeff Chandler (President Trump divides Americans . . . from anti-Americans.)
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To: SeekAndFind

The GOP-e plays checkers and tells the opposition their next move way ahead.
Trump plays 4d Chess.


33 posted on 07/10/2018 8:38:01 AM PDT by Zathras
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To: SeekAndFind

I also see it as an opportunity lost but for a different reason. When will we have a president break the stranglehold the Harvard-Yale-DC elite has on the court? I long for some fresh voices and perspectives from elsewhere in our vast, wonderful country to serve on SCOTUS.


34 posted on 07/10/2018 8:39:26 AM PDT by Avalon Memories ( Proud Deplorable. Proud born-in-the-USA American Dreamer.)
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To: Alberta's Child
1. Did Barrett even want the job at this point in her life?

Well, she did show up for the interview with DJT, so my guess would be that she wanted the gig.

I agree with French here. Barrett would have been a more Trump-ish sorta pick. Kavanaugh is okay, but he's a DC establishment, Yale, Bush admin kinda guy--pretty much not Trump's base. Barrett, on the other hand, is Louisiana, Rhodes College, Notre Dame, midwest mom. I hope she gets RBG's seat when it opens up.
35 posted on 07/10/2018 8:39:55 AM PDT by irishjuggler
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To: PapaBear3625

They will keep RBG alive as long as is possible with current medical science.


36 posted on 07/10/2018 8:41:04 AM PDT by Trumpisourlastchance
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To: Buckeye McFrog

He probably lost a bet.


37 posted on 07/10/2018 8:43:02 AM PDT by TexasM1A
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To: Jeff Chandler

From the book, The Trump Prophesies.


38 posted on 07/10/2018 8:43:40 AM PDT by exnavy (America: love it or leave it.)
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To: SeekAndFind

A Never Trumper still griping and moaning

This gets old


39 posted on 07/10/2018 8:43:46 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: PapaBear3625

BINGO!

French would lose very badly if he ever plays a thinking game (any game) with Trump.


40 posted on 07/10/2018 8:44:29 AM PDT by Sir Napsalot (Pravda + Useful Idiots = USSR; Journ0List + Useful Idiots = DopeyChangey)
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