Br’er Rabbit and the Supreme Court

The confirmation vote of Justice Brett Kavanaugh is over.  He has now been sworn in as the newest Associate Justice, by an essentially partisan 50-48 vote.  This was a contentious and controversial process. There have been opponents on the Left who have declared that he should in no way receive confirmation.

As one who favors an originalist view of Constitutional interpretation, I am grateful for his confirmation.  There were other candidates I would have preferred.  Kavanaugh, considered to be less likely to receive rabid opposition, was the, “safe,” pick.  In some prior decisions and opinions he has proven to be a fair-minded jurist.  He’s not been reliably conservative, which made him less controversial than other options.

Because of the vociferous opposition, many on the right had to put all their weight behind his confirmation. Appalled at the last-minute antics and shenanigans of the Democratic opposition, most Conservatives rallied to Kavanaugh’s defense. There was really no choice, as the alternative was to wait until after November’s mid-terms, when the Senate could possible change hands.  However, one has to wonder if the Right might have been played.

In the old tale of Br’er Rabbit, the namesake of the tale is caught by Br’er Fox and threatened with annihilation. Granted, this tale is considered to be racially insensitive in our times, but there is a moral here I hope you’ll allow me to observe.

Crafty more than wise, Br’er Rabbit pleads with his captor to do anything, but to, “please, Br’er Fox, don’t fling me in dat brier-patch!”  Of course, this was a ruse, as he knew that once he was in the familiar thicket, he could escape, which he did, in the end.

Could the Right have been played by the Left? Conservative and Republican Presidents have not had good luck with Supreme Court appointments in recent decades. Many have ended up being swing votes which have ended up disappointing those who expected them to make a difference for their cause. For evidence, see the career of the recently retired Justice Kennedy, or even the Obama Care opinion written by Chief Justice Roberts.  Could the cries of, “Never Kavanaugh!” have been akin to, “Anything but the br’er patch!”

Hopefully Justice Kavanaugh will adhere to the constraints of originalist philosophy. Only time will tell.