It means that the gun control crowd is afraid. While much of the screeching is about abortion, and this is certainly one area where Justice Kavanaugh is likely to look at original intent.
Much of what is driving the fear of Kavanaugh, as Sen. Feinstein (D-LaLaLand) made clear in her questioning of Kavanaugh is the Second Amendment. The July 16, 2018 Los Angeles Times was blunt about this: “With the addition of Judge Brett Kavanaugh, the Supreme Court could have a conservative majority to strike down bans on semi-automatic weapons in California and other liberal states and to decree that law-abiding Americans have a right to carry a gun in public.”
Why are they worried? In 2011, Kavanaugh dissented from the majority on the DC Circuit Court of Appeals, arguing that “the right to bear arms outlined in the 2nd Amendment should be interpreted like the right to freedom of speech laid out in the 1st Amendment, with only narrow set of circumstances in which a state can limit an individual’s right.”
While the Supreme Court ruled that the Second Amendment protects a right to possess a handgun in your home in DC v. Heller (2008), and extended that guarantee to state and local governments in McDonald v. Chicago (2010), many subsequent challenges to state gun control laws have yielded bitter fruit for gun owners.
Why? The Supreme Court is not required to hear every appeal that is addressed to it. The Constitution only guarantees a Supreme Court hearing for “cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party.” When you file an appeal to the Supreme Court, the justices decide whether to grant a writ of certiorari to hear the appeal. Four justices have to vote to grant cert (as lawyers call it).
While we had five justices on our side in those previously mentioned decisions, justices strongly on our side probably know that other justices are not going to follow those decisions if it means striking down assault weapon bans or requiring states to issue concealed weapon licenses to law-abiding persons. Hence, cases we should win are not granted cert. Kavanaugh is clearly on our side, and would likely be the vote to strike down many of these absurd laws.
But isn’t Kavanaugh some sort of creep? There have been three accusations made against. The first is by Dr. Ford, concerning a party she went to several decades ago, where she claims Kavanaugh attempted to rape her. The sex crimes prosecutor who the Senate Judiciary Committee asked to question Dr. Ford wrote a memo explaining in great detail why she would not have prosecuted Kavanaugh based on Dr. Ford’s claims. Dr. Ford may have been the victim of such a crime, but the evidence is weak and she has contradicted herself so many times that it is hard to consider this a very persuasive claim. That it was held back to the last minute by Sen. Feinstein just adds more reason to think this was just a political smear.
The second accusation comes from a woman who was at a party at Yale that Kavanugh may have attended. She says someone put something (I will be polite here) long and hard to her face. By her own admission, she had been drinking heavily, and is still unsure if the student attached to it was Kavanaugh.
The third accusation is even more incredible. A woman claims to have attended ten high school parties when she was in college. (Do you know college women who go to high school parties? It is usually the other way around.) She says Kavanaugh was at these parties where girls were given drugs to make them easier to gang rape. She was one of the victims. She never reported these very serious crimes at the time. Even stranger, she kept going to these parties. Weird, and not believable.
The goal all along has been to delay confirmation until after the election. The same crowd who insisted Clinton would easily beat Trump now insists the Democrats will regain control of Congress and block more Trump judicial appointments. Expect continuing accusations against Kavanaugh in the hopes of scaring squishy Republican senators to vote against him. Similar smears were directed at Justice Clarence Thomas before he was confirmed.
- Let your U.S. Senators know that they need to confirm Kavanaugh.
- If there is any question as to how a Congressional race in your district or state is going to go, volunteer, put out a yard sign, or make a contribution to the campaign.
- Vote in November. This isn’t just about gun rights, but telling the dishonest sleaze purveyors like Sen. Feinstein (D-Crazyland) that this politics of personal destruction is not okay. (That phrase “politics of personal destruction” was coined by Democrats when accusations were made about inappropriate sexual conduct and even rape by Bill Clinton. Most of which were easily proved with DNA tests on the infamous blue dress, which had a presidential DNA sample on it. Remember, sexual misconduct and crimes are okay when Democrats do it.)
Clayton E. Cramer teaches history at the College of Western Idaho. His ninth book, Lock, Stock, and Barrel was published earlier this year. Click Here to buy a copy on Amazon.