Democrats are in for some bad news.
They knew when Donald Trump reshaped the Supreme Court they could pay for years to come.
But a Supreme Court Justice revealed something surprising about Brett Kavanaugh.
Liberal Supreme Court Justice Elena Kagan swooped in after the Democrats’ smear campaign to destroy Brett Kavanaugh’s Supreme Court confirmation failed and tried to woo Kavanaugh to vote with the left.
McKay Coppins of the leftwing propaganda site The Atlantic detailed how Kagan launched a charm offensive believing that Kavanaugh was a social status obsessed career climber who desperately wanted back into the Washington establishment social scene.
Slate’s Mark Joseph Stern authored a piece claiming that Kagan’s opinion in the case of Border v. United States where Kagan blistered Kavanaugh’s dissent was Kagan waving the white flag of surrender on trying to guide Kavanaugh to the left.
Kagan, in response, dismissed Kavanaugh’s complaint as “a complicated counting exercise” apparently meant to show “how unfair it is” that his “view has not prevailed here.” She added that “there is nothing particularly unusual about today’s line-up.”
Later, Kagan mocked Kavanaugh for “reprising (if at higher volume) the government’s flawed argument.” She scorned him for “essentially repeating what the government says, though with a distinctively question-begging quality.” In one brutal passage, Kagan even accused Kavanaugh of engaging in “machinations” by rewriting ACCA to mean what he wanted it to say, adding: “Statutory construction does not work that way: A court does not get to delete inconvenient language and insert convenient language to yield the court’s preferred meaning.”
At one point, Kagan used an extended metaphor comparing Kavanaugh to an amateur magician who inadvertently revealed his trick to the audience. Kavanaugh, Kagan explained, “is putting the rabbit in the hat” by adding words that do not appear in ACCA. Her kicker: “We must construe the elements clause as it is—without first inserting the word that will (presto!) produce the dissent’s reading.”
Democrats had every reason to believe this strategy would work.
Many looked at Kavanaugh as another John Roberts – an establishment minded Republican who cared what liberal elites thought and wrote about him – that would drift to the left as time wore on.
Democrats like Barack Obama bullied John Roberts into upholding Obamacare.
With Kavanaugh, Elena Kagan chose the carrot as opposed to the stick.
Kagan invited Kavanaugh to dinner parties and offered Kavanaugh a ticket back into elite Washington society after Senate Democrats destroyed Kavanaugh’s name with false allegations of sexual assault.
There are key cases still outstanding regarding election integrity laws in Arizona, Philadelphia’s attempt to discriminate against religious adoption services, and a challenge to California’s attempt to violate the First Amendment by forcing nonprofit political groups to turn the identity of their donors over to the government.
Kagan attacking Kavanaugh in opinion toward the end of the term with the most controversial cases outstanding does not bode well for the left on how the decisions will turn out.
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