https://static.pjmedia.com/instapundit/wp-content/uploads/2018/07/Screen-Shot-2018-07-10-at-8.21.10-AM-499×600.png

Some even jumped the gun and forgot to fill in all the fields in their “oppose XX for Supreme Court” form letters.

https://www.infowars.com/womens-march-mocked-for-calling-nominee-xx-an-extremist-in-pre-written-statement/

https://babylonbee.com/news/ruth-bader-ginsburg-encased-in-carbonite-until-next-court-session/

Unfortunately, no one in the judiciary was going to say, “Congress simply has no power to order people to have, and then define what kind of health insurance they had to have”. (Maybe now they will!)

That being the case, what to do? Reasonable minds can certainly differ, but I think it is reasonable for a judge to conclude, “it really is a tax, so we judge it by that standard.” If you go the other way, and start looking into what Congress said about O’care instead of what it really is, then you are opening the door for a court to say, “We don’t look at the actual terms of the travel suspension, but what the President called it, a Muslim ban, so we strike it down.”

That’s not a good thing.

Passed by Congress as not a tax, upheld by Roberts as a tax–indefensible!

But I remain hopeful when it comes to the SC appointments by President Trump. His list was the one positive reason I voted for him.

What sticks in my craw are two things: clerking for Kennedy (yes, I’m aware Gorsuch did as well), and – far more significantly – the Obamacare stuff. Apparently there’s been a rational defense of what Kavanaugh did, written, I think, by one of his clerks (it’s on William Jacobson’s site). If it passes muster I’ll feel better, since I still maintain that what Roberts did was indefensible – so indefensible that even Kennedy, of all people, saw that it was indefensible – and leaves a deep stain on his record, his Court, our country, and my incredulous brain that will likely never go away.

The stinker just sits there like a miasma over constitutional jurisprudence, as Scalia duly noted in his dissent, ready to be bottled and sprayed by the next spineless coward forced to choose between reputation and right.

I just really don’t like that Kavanaugh had *anything* to do with that. At all. Even a little bit. Yes, it’s kind of a one-drop rule. I’m a bigot about the Obamacare ruling. I distrust anyone who played any part in it, however small.

I hope I’ve been misled and am simply paranoid because of my extreme contempt for that ruling (which consists in the adoption by a conservative Chief Justice of the progressive principle of rewriting laws and thus legislating from the bench – and good-bye Constitutionalism).

Please, Justice Kavanaugh, prove me a fool.

Kavanaugh is a decent choice. Better than Coney Barrett in my opinion, but Hardiman or Kethledge would have been better.

Regardless, barring some very unusual development, I expect he will be confirmed (through noisy, acrimonious, breast beating, hyperbole spewing hearings to be sure), and will be a solid, Gorsuchesque conservative.

So, in the end, very much a win.

Congratulations, Justice-designate Kavanaugh.