The REAL reason for the hysteria here is not ROE. It is not OBAMACARE. Those matter, of course, but the REAL reason for the crazy here is that if Kavanaugh is seated IT WILL BE THE FIRST TIME SINCE 1937 WE HAVE AN ANTI “NEW DEAL” TYPE OF ACTIVISM SET OF JUSTICES IN THE MAJORITY ON THE BENCH. I can’t tell you how huge this is. Kavanaugh may make some mistakes from misapplying stare decisis and honoring precedent more than he should, but there is no discounting the tidal shift in the court. Kennedy was a “swing vote” who was essentially utilitarian and pragmatist in his voting patterns. Kavanaugh is (at least purports to be) a principled originalist.
If the American people get used to USSC decisions where that is the lead thought and prominent “field” of argumentation in the decisions, then it could be responsible for a sea change in political and legal opinion.
This would be very very bad for progressives.
Excellent analysis of the situation.