Now’s Not the Time to Go Wobbly, Brett

Kavanaugh’s jurisprudence is still being revealed. But wherever he ends up, it should be for principled reasons rather than out of concern for ‘legitimacy.’

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Supreme Court justices Neil Gorsuch and Brett Kavanaugh at the Capitol in Washington, D.C. February 5, 2019.

Doug Mills/Pool via Reuters

Brett Kavanaugh is the new man in the middle.

Once Anthony Kennedy retired in the summer of 2018 — he hated being called the “swing vote,” but his inscrutability made it inevitable — John Roberts was finally supposed to lead the Supreme Court from the squishy commanding heights. And he did, the first chief justice to be the Court’s median vote in half a century. But then Ruth Bader Ginsburg’s passing changed the jurisprudential calculus. So after just two years of the “true” Roberts Court, Amy Coney Barrett’s confirmation made the chief the “sixth man” and all eyes turned to Kavanaugh.

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About the Author

Ilya Shapiro

Ilya Shapiro is executive director of Georgetown Law’s Center for the Constitution (on paid leave pending investigation, now completing its fourth month, of his social-media speech) and author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court, which comes out in paperback in July.

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