If Mitch McConnell’s Senate can confirm his new nominee for the Supreme Court, President Donald Trump may have completed the capture of all three branches of the U.S. government for the Republican Party.
Not bad for a rookie.
And the lamentations on the left are surely justified.
For liberalism’s great strategic ally and asset of 60 years, the judicial dictatorship erected by Earl Warren and associates, may be about to fall.
Judicial supremacy may be on the way out.
Another constitutionalist on the court, in the tradition of Antonin Scalia, could ring down the curtain on the social revolution the court has been imposing since the salad days of Chief Justice Earl Warren.
Among the changes Warren’s court and its successors succeeded in imposing: The de-Christianization of all public institutions in America. The social war of the 1970s over forced busing for racial balance in the public schools. The creation, ex nihilo, of new constitutional rights, first to an abortion, and then to homosexuality and same-sex marriage.
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But while the confirmation of a new Trump justice may bring an end to the revolution, it will return power to where it belongs in a constitutional republic, with elected legislators and elected executives.
There will not likely be any sudden and radical rollback of changes wrought in six decades. For some of those changes have become embedded in the public consciousness as the new normal, and will endure.
Roe v. Wade may be challenged. But even if overturned, states like New York and California, which had liberalized abortion laws before Roe, are not likely to re-criminalize it.
Affirmative action, however,…