Kavanaugh’s Confirmation — A Pyrrhic Victory?

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by Dr. Alan Keyes  •  ChurchMilitant.com  •  October 8, 2018   

Justice Kavanaugh might be another Anthony Kennedy

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Dr. Alan Keyes

In the wake of the U.S. Senate vote to confirm Judge Brett Kavanaugh's appointment to be a justice of the Supreme Court, it makes sense for Americans who remain loyal to the constitutional self-government of the people of the United States to ponder the significance of that outcome. Thanks to the sexual assault charge pro-abortion forces staged against Judge Kavanaugh to delay the vote, public attention veered away from the fact that what those forces care about above all else is not to end the abuse of power for sexual coercion. 

It is to perpetuate the murderous abuse of force against human offspring for posterity, whenever extinguishing the unalienable right to life of human posterity serves the individual pursuit of pleasure, profit and power; or the elitist push to replace effective — and therefore sustainable — democratic self-government with oligarchic totalitarian rule.

Before psychology Professor Christine Blasey Ford's emotionally incendiary, but uncorroborated charges against Judge Kavanaugh took center stage, people like me had to warn our fellow moral conservatives (i.e., people who work to preserve the moral basis of the constitutional self-government of the American people) that they were likely to be seriously disappointed. Now the confirmation battle has likely led many of them to expect Justice Kavanaugh to reverse Justice Anthony Kennedy's perpetuation of the specious, fundamentally anti-American "right" to murder nascent human beings.


As the Blasey Ford drama unfolded, however, it became clear that the elitist totalitarians who promote so-called "abortion rights" were determined to divert the confirmation process into an effort to advance the assault against our self-government. They mean to overthrow our nation's commitment to due process of law, as defined in light of the premise of unalienable rights, endowed by our creator, God. A key distinguishing feature of that due process is the "presumption of innocence."

This presumption follows from the fact that our body politic (i.e., the body of those entitled to participate in exercising the sovereign power of election) is supposed to comprise individuals whose goodwill commits them to do right (implement or exercise what is right) according to God's will.

This presumed commitment to righteous action must be credibly placed in doubt before a charge of crime, or misdemeanor, can be brought up for trial and judgment, in light of applicable laws and credibly attested facts. Hence, the positive burden of proof is on the accuser, be it an aggrieved individual or some officer of government, acting on behalf of the people as a whole.

Moral conservatives need to face the fact that we cannot assume Justice Kavanaugh's confirmation fulfills President Donald Trump's stated intention to appoint Supreme Court Justices 'in the mold of Scalia.'

In practice, this burden of proof also inhibits the abuses of would-be tyrants, abuses encouraged wherever individuals are obliged to provide positive proof that a charge against them is false. For they can be arrested and held under charge until they can rebut the presumption of guilt.  Even where bail is allowed, their inability to do so can be alleged to justify detainment. Finally, those who lack the resources of time, intelligence or money for the effort required to ascertain and procure evidence of their innocence are, in any case, held at a disadvantage.

The presumption of guilt thus conspires against the freedom from fear that allows common folks enough independence of thought, opinion and action to sustain what should be the freedom to decide, for themselves, how they will use their voting share of sovereign power. Undermine or destroy the presumption of innocence and the independence of the electorate must be severely impaired. With this in mind, the attack against Judge Kavanaugh's right to due process forced people (like me) who are determined to restore and preserve the self-government of the American people to see it as imperative to prevent the elitist totalitarians from thus undermining the people's capacity for independent judgment.

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Sen. Susan Collins (R-Maine)

In effect, however, this priority increased the political capital of certain senators known to favor the perpetuation of the Supreme Court's anti-American abortion jurisprudence. Senator Collins made it clear that she voted to confirm Judge Kavanaugh because his record makes it reasonable to assume that he will follow Justice Kennedy's path in that regard. The evidence in Judge Kavanaugh's record makes it more likely than not that she is right. If so, the elitist totalitarians who mean to enforce specious "abortion rights" advanced their cause, no matter what.

Notwithstanding the Blasey Ford diversion, moral conservatives need to face the fact that we cannot assume Justice Kavanaugh's confirmation fulfills President Donald Trump's stated intention to appoint Supreme Court Justices "in the mold of Scalia." Though he never deployed the principled arguments that best refute it, Justice Scalia consistently refused to join in Justice Kennedy's complicity with the anti-American abortion regime. Will Justice Kavanaugh imitate that refusal?  

Like Susan Collins, I am inclined to think that he will not. What makes the pro-abortion senator comfortable makes me fear that Justice Kavanaugh's confirmation will prove to be a Pyrrhic victory for people like me. We pray for the day when the Supreme Court's effort to enforce licentious freedom upon our nation will be reversed. We pray for an outcome which confirms that, as a nation, we are on our way toward restoring the unalienably righteous character we require to prove and maintain the individual and national self-government that is our true liberty, and that of all humankind.

Dr. Alan Keyes served as Assistant Secretary of State for International Organizations under President Ronald Reagan, and ran for president in 1996, 2000 and 2008. He holds a Ph.D. in government from Harvard, and writes at his website Loyal to Liberty.

 

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