Though two years have passed since the seemingly neverending 2016 campaign summer, the memories remain fresh.
Foremost in voters’ minds at the time was that the winning candidate would choose a Supreme Court nominee very early on in their term. Justice Antonin Scalia’s death, only a few months prior, was a devastating judicial loss for conservatives who prize textualism and originalism. Handing the selection authority to a president who would use it correctly was no small consideration.
At the time, many conservatives were skeptical that an often outrageous candidate, whose Republican cred was practically brand new, would take seriously the task before him. But there was no other option. Voting for Hillary Clinton would mean a radical nominee with a leftist commitment to big government, entitlements, and abortion, just to name a few.
To those who viewed President Trump as a less-than-ideal candidate for the GOP, allowing him the opportunity to nominate at least one justice was a frightening prospect. Both the initial and subsequent lists that his campaign released held much promise. And with that, conservative voters breathed a sigh of relief. Others, myself included, were dubious that such an unpredictable man would remain committed to his judicial choices. However, the selection of Neil Gorsuch for the high court eased many fears. Trump’s choice was celebrated by both enthusiastic, reluctant, and right-leaning nonsupporters alike. In his brief tenure, Justice Neil Gorsuch has begun to prove himself the worthy successor of a giant.
With Trump’s second nominee for the Supreme Court, the situation is different. Filling Scalia’s seat was never going to do much to shift the balance of thought and power. But the chance to fill Justice Anthony Kennedy’s long-held position brings with it the possibility of change.
The nomination of Judge Brett Kavanaugh brings with it mixed feelings. To be sure, it is a solid choice. But it could have been a clear conservative win. If Trump had nominated him for Scalia’s seat, there would have been perhaps a bit more apprehension among conservatives going forward. Kavanaugh, the second and perhaps final Supreme Court nominee for Trump, represents more of what we would expect from this administration.
The move is calculated and political. Unlike Judge Amy Coney Barrett who represented the most “extreme” of his nominees, Kavanaugh is a safe bet. His Ivy League background and history of working with left-leaning colleagues, such as Justice Elena Kagan, show him to be a well-respected insider. His confirmation is almost certain, no matter what the Democrats attempt in an effort to deny him.
While we can and should applaud a solid selection, we need to be honest with ourselves. What we have before us, a Kavanaugh and not a Barrett, represents more of who Trump is than the Gorsuch nomination ever will. The heart of the president does not rest in social conservatism. If it did, we would be discussing the groundbreaking nomination of a pro-life woman, committed Catholic, and mother of seven. We are not.
In choosing Kavanaugh, Trump is indicating that while he desires to land somewhere on the right side of the spectrum, his main goal (winning) remains the same. In reality, selecting Kavanaugh is just keeping in line with the strategy he’s had all along.
There is a twinge of disappointment that comes from realizing that Trump isn’t as genuinely interested in the fights worth having as some members of a right-leaning electorate. But as a major skeptic before Trump even turned to the high court and considered his list of options, I admit that in some ways I was wrong. Though I had my doubts, the president has delivered on his promise to choose jurists with impeccable backgrounds. That’s not to say that his latest nominee was the best individual on the list, though.
It will take some time before we see if a court with the addition of Justice Brett Kavanaugh improves or not. Still, the most important aspect of all is whether the appointed jurists uphold the constitution.
As it stands now, there is a good chance that the country is in for decades of solid rulings from the highest court in the land.
Kimberly Ross (@SouthernKeeks) is contributor to the Washington Examiner’s Beltway Confidential blog and a senior contributor at RedState.com.
