The Corner

Law & the Courts

Max Boot on Kavanaugh and Conservatives

The Washington Post contributor writes, “As for Kavanaugh’s confirmation: Conservatives are happy, because they are convinced that he will legislate their priorities (no abortion, no affirmative action, no Obamacare) from the bench.” This is wrong. No knowledgeable conservative believes that the Supreme Court is going to strike down Obamacare as unconstitutional or prohibit abortion. Could Boot be using “no abortion” as shorthand for overruling Roe? If so, it is terribly misleading shorthand, since overruling Roe wouldn’t mean “no abortion.” Boot’s shot at conservatives for wanting the Court to “legislate” on abortion also makes no sense: Letting legislatures set abortion policy, which is what most conservatives want from the Court, can’t plausibly be described as legislating. I understand that Boot has left the Right, but perhaps he should talk more to people who haven’t.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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