Friends, my latest article addresses conservative criticism of Brett Kavanaugh, President Trump's latest pick for the Supreme Court. I believe this criticism to be overblown, as I explain in my latest article, coming soon to American Greatness. Will Kavanaugh be the firebrand reactionary zealot that you and I pine for? That I can't guarantee, but I do believe he'll be a distinct improvement on Anthony Kennedy, and that's my personal litmus test. Kavanaugh passes! My hope, though, is that the Supreme Court is only starting its journey down the Golden Road of Trumpism. Time will tell.
Brett Kavanaugh Isn't Defined By The
Swamp That Spawned Him
Conservatives all
across America are asking themselves: who is Brett Kavanaugh, and
what kind of Supreme Court Justice will he make? The answers are
myriad and mostly speculative.
Judge Andrew
Napolitano, a senior judicial analyst for FoxNews, has written an
article about why he is “deeply disappointed” in President
Trump's decision to nominate Kavanaugh. While some of his concerns
may be valid, Napolitano's main argument – that Kavanaugh is
tainted by his associations with the DC swamp – makes little sense.
First,
Napolitano defines the swamp as “the permanent government
and its enablers in the legal, financial, diplomatic and intelligence
communities in Washington.” Conveniently, therefore, Napolitano
excludes the media from the swamp, although surely the Washington
establishment relies first and foremost on its “enablers” in the
mainstream media to keep it in power. Napolitano himself, as a
FoxNews analyst, could be accused of swampiness. My first reaction to
Napolitano's denigration of Kavanaugh as a swamp monster, therefore,
is: “Let he who is without sin cast the first stone”.
Furthermore, we should understand that
“the swamp” is ill-defined. As Napolitano admits, it seems never
to include anyone we like. For conservatives, an outspoken liberal
politician or a Trump-hating bureaucrat or FBI agent is a creature of
the swamp, surely, but a right-minded old hand in Washington is
instead a “seasoned veteran”. This just means that “the swamp”
is a largely pejorative concept, and often those who employ it are
engaged in plain, old-fashioned name-calling.
Now, if there is any objective,
literal meaning to “the swamp”, it describes a Washington elite
that is interconnected, resistant to meaningful change, and corruptly
uses governmental power and federal largesse to protect and
reward allies and punish and undermine perceived enemies. DC
politicians vary in the degree to which they might be identified with
such swampy behaviors and attitudes, but one thing is clear: both
parties are equally befouled.
We must further acknowledge that there
are very few people in positions of influence in our government who
are utterly divorced from the swamp, or who could be described as
moral purists or true political newcomers. President Trump appointed
several DC outsiders to his cabinet, yes, but even he – the swamp
monster's mot-feared natural predator – had to add many “seasoned
veterans” to his administration. Without them, and their
experience, the Executive Branch simply could not function. Does this
mean that Trump's criticism of the swamp is disingenuous? Not
necessarily, because, from a practical standpoint, no swamp can be
drained unless you enter it first...
The most important point is this:
long-time Washington ties, and even the occasional lapse into swampy
attitudes and behavior, do not and should not exclude a politician,
or a judge, from recruitment into President Trump's campaign to
reinvigorate America. The over-hasty denigration of political figures
who are deeply embedded in the Washington establishment risks the
loss of their knowledge, influence, and experience, and it neglects
the obvious fact that, while they can be powerful enemies when
provoked, they can also be invaluable allies when harnessed to a
noble cause. Mitch McConnell, for example, may be about as swampy and
sly as a Senator can get, but he has also overseen a successful
strategy to prevent the judiciary from falling into liberal hands. We
owe him a huge debt of thanks. I, for one, will gladly hold my nose
and overlook the vile emanations of the swamp to achieve historic
victories like these.
Judge Napolitano goes on in his
article to suggest that Kavanaugh will be a disappointment as a
Supreme Court Justice because he is infected with the “values”
and the “culture” of the swamp. Kavanaugh believes, for instance,
that Americans' rights to privacy should be weighed against the
imperative of national security. He believes that the President
should be shielded from some types of lawsuits while in office.
Napolitano interprets these views to mean that Kavanaugh will support
an unchecked, potentially totalitarian “deep state”. Napolitano
even suggests that Kavanaugh is somehow complicit in deep state
efforts to undermine Trump himself, but all of this is a gross
over-reading of the few signals we presently have regarding
Kavanaugh's mindset and his legal and constitutional philosophy.
Simply put, Kavanaugh has never ruled on most truly momentous issues,
nor has he enunciated clear views on most of them. We should suspend
judgment, therefore.
We also shouldn't assume that, because
Kavanaugh sometimes associates with swamp monsters, he is captive to
their “values”. Does Judge Napolitano, who teaches classes at
Brooklyn Law School, accept and practice, for this reason, the
radical PC “values” of academia? Of course not. It would be silly
to suggest that he does. No one is defined exclusively by the company
he keeps.
It might also be prudent to consider
the possibility that, if Kavanaugh is in any sense a swamp monster,
with a predilection for establishment “culture”, the experience
of the next few weeks and months, when large parts of the swamp will
be working furiously to malign and destroy him, may cure him
definitively of his swamp fever. Who can say? In any case,
Kavanaugh's “values”, and the degree to which they may change
over the years, are largely unknowable. His decisions, on the other
hand, are a matter of record, as are his partisan political leanings,
and these ought to make conservatives pleased and confident.
In the end, the fact that President
Trump has nominated an experienced, mildly swampy jurist with
connections to the Bushes should not concern conservatives and lovers
of liberty as much as Napolitano suggests. Every objective reading of
Kavanaugh's record has tended to indicate that he will be a Supreme
Court Justice considerably to the right of Anthony Kennedy, who he
will replace. It is hard, therefore, to see his elevation to the
Court as anything but a win.
Conservatives, therefore, should
support Kavanaugh without misgivings. They should also keep in mind
that, if they would have preferred a more forceful, fervent
conservative judge like Amy Coney Barrett, she may yet get her
chance.
When it comes to Trumpifying the
judiciary, Gorsuch and Kavanaugh are a good start, but arguably the
best is yet to come.
Dr.
Nicholas L. Waddy is an Associate Professor of History at SUNY Alfred
and blogs at: www.waddyisright.com.
He appears weekly on the Newsmaker program on WLEA 1480.
And here is the American Greatness version:
https://amgreatness.com/2018/07/14/brett-kavanaugh-isnt-defined-by-the-swamp-that-spawned-him/
And here is the American Greatness version:
https://amgreatness.com/2018/07/14/brett-kavanaugh-isnt-defined-by-the-swamp-that-spawned-him/








