Some conservatives now believe that, with Brett Kavanaugh's confirmation to the Supreme Court, the judicial branch may be brought into balance with the legislative and executive branches of government rather than dominate them. This is a false reassurance, and a dangerous one at that.
Even if Kavanaugh turns out to be a tremendous originalist justice, the courts still represent a major threat to the republic. The combination of flawed jurisprudence and runaway district courts will continue to undermine the will of the people despite this strong replacement for Justice Anthony Kennedy.
Today's Lack of Constitutional Jurisprudence
Celebrated Republican appointed Judge Richard Posner said in November 2015 at the Loyola Constitutional Law Colloquium: “I'm not particularly interested in the 18th century, nor am I particularly interested in the text of the Constitution, I don't believe that any document drafted in the 18th century can guide our behavior today. Because the people in the 18th century could not foresee any of the problems of the 21st century.”
