During his first two years in office, President Trump placed not one, but two justices on the highest court in the land. Republicans were excited, and rightly so, at these opportunities.
In the months since his appointment, Justice Neil Gorsuch has shown himself to be generally what onlookers expected: an originalist and textualist like the late Antonin Scalia, whose seat he filled. The expectations and ensuing drama surrounding Justice Brett Kavanaugh have been something else entirely.
Anyone paying attention to the news cycle during the month of September was inundated with reports and commentary on Kavanaugh’s confirmation hearings, those eleventh-hour sexual assault allegations, and the FBI investigation that finally cleared his way to a majority “yes” vote in the Senate. Much of the opposition to President Trump’s second nominee centered on the impact he was expected to have on reproductive issues. If the hysterical, disruptive protesters didn’t make that clear, the political posturing by Democrats on the Senate Judiciary Committee and during cable news roundtables did.
In the minds of many observant Americans, Kavanaugh’s confirmation brought with it the possibility of a full-fledged assault on the abortion industry. According to a sizable portion of the Right and Left, Roe v. Wade is set to be doomed.
It remains to be seen whether a case that would directly impact abortion will be heard by the Supreme Court in the near future. It is also unclear just how the justices would rule. Given Monday’s announcement from the high court that they would decline a case concerning government funding of Planned Parenthood, conservatives shouldn’t hold their breath for a Kavanaugh-led charge against the “right” to end unborn life. If they do, it’s to their continued detriment. Along with Chief Justice John Roberts, Kavanaugh sided with the left-leaning justices, much to Republicans’ correctly placed dismay.
Before Trump officially nominated Kavanaugh, he was on the short list with other, more attractive candidates. While his long history on the bench was praised, some questioned if he was conservative enough for the Supreme Court. Throughout the pre-confirmation process, Kavanaugh routinely referred to the value of precedent, even in the case of Roe, giving those such as Sen. Susan Collins, R-Maine, the much-needed assurance they desired.
Despite his ambiguity on the issue of abortion and limited experience in addressing it while on the bench, the pro-life community seems to have placed their every hope on Kavanaugh. If anything, Monday’s disappointing news serves as necessary reminders to abortion foes: It’s impossible to create a culture of life from legal victories alone, and even right-leaning jurists will let us down.
When it comes to the issue of abortion, nearly everyone stands resolutely on one side or the other. Even Collins, a pro-choice Republican who supported Kavanaugh after a lengthy floor speech detailing general reasons to vote for him, said she felt “vindicated” following his latest decision. To some, the appearance by Kavanaugh’s accuser, Christine Blasey Ford, was more about reproductive freedoms than anything else. Defending or accusing the nominee in that instance was fueled in part by what it meant for reproductive issues nationwide apart from discussions related to sexual misconduct.
While people may find common ground when it comes to other topics, the issue of abortion seems to be one where no side is willing to compromise. Abortion proponents insist they’re championing freedom while this side represents life.
In the end, it always seems to come down to this one, divisive issue. While we may find plenty to praise Kavanaugh for in the future, he can’t be considered the savior we’ve been waiting for since 1973.
Kimberly Ross (@SouthernKeeks) is a contributor to the Washington Examiner’s Beltway Confidential blog and a senior contributor at RedState.com.
