Thursday, October 4, 2018

Expect decades of problems with Supreme Court rulings

Republicans [...] could win this fight for the swing Supreme Court seat, but they cannot bestow legitimacy upon Kavanaugh or erase their record of weaponized misogyny. Progressives will seek his recusal in every case of political significance. Every 5-4 decision in which Kavanaugh is the deciding vote will be denounced as illegitimate, the work of a partisan judge elevated to the court by nefarious means. The decision will be respected legally in the short term, but in the future, it will be argued, the decision should carry zero precedential weight. Those he once accused of participating in a left-wing cabal will seek to vacate cases they lose in which Kavanaugh was the deciding vote. In future cases, they will urge justices and lower court judges to downgrade the importance of these decisions, in effect treating them as unpublished opinions that should not impact future cases.

[...]

Conservatives in the Senate, in the media and in legal circles who knew better figured that any new disincentive to report sex crimes was a small price to pay to get their man on the bench.

  WaPo
They're not going to see that as a price to pay, but as an added bonus.

All these leaves off one other possible outcome: impeach proceedings against Kavanaugh once he's on the bench.

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