I swear to shit, if I hear about one more person piss and bitch about Bret Kavanaugh and say, “I thought he was a shit choice from the start,” I’m going to start blocking people.
I don’t know anyone who wasn’t happy about the pick originally, because he was a Trump pick. That he’s become a fairly predictable liability since he was confirmed is definitely the truth. But here’s the thing. Is he ruling the way he is because he’s a closet liberal, or because he has a fine-tuned concept of what the Supreme Court’s role really is in this Republic?
The law is the law. If you don’t like the law, you have to elect legislators who will fix the law. The courts are not where you go to get that remedy, and they have said so repeatedly. Yes, the Supreme Court stayed the OSHA mandate, and rightly so, because OSHA doesn’t have the power to regulate outside the workplace. The other case was less clear, but what was clear about it is that the government has overreached and needs to be pruned back.
The real question is whether the Federal Government has overstepped its Constitutional authority. But it’s been doing that for a hundred years. Where has the Court been? We can argue that for days, but earlier Courts have let things slide because of doctrines like stare decisis. You don’t want the law to change every generation, or every time the government switches hands. You need continuity. The problem is, the continuity we have took a wrong turn at Albuquerque sometime back in the first half of the 20th Century, if not earlier.
Sometimes you just can’t overturn a rule. Sometimes rules have backing at law (regardless whether the law is a ass). The Court is not a super-legislative body; unless something is clearly an overstep of authority, all it can do is point out where the Legislative and Executive branches have fucked up and recommend by its actions that maybe that ought to get a second look by the people who were elected to make the laws and uphold them.
But for fuck’s sake, stop blaming Bret Kavanaugh for the woes of the world. The law is the law. Throw the bums out of the White House and the Congress if you want the law to change. And then damn well dog the heels of the replacements you elect to make sure they follow through.