I’m not even going to bother quoting the editorials at the NYT, WP, and WSJ on Brett Kavanaugh’s appointment as associate justice of the Supreme Court. It’s the usual suspects.
It strongly looks as though, true to his word, Trump has appointed a replacement for Scalia, an experienced jurist with considerable intellectual heft. The protesters aren’t protesting Kavanaugh’s appointment. They’re protesting that Trump has an appointment to make.
I want to put down three markers for what I think are likely to happen in the coming months and years, one trivially easy and the other two a bit stronger.
First, Kavanaugh will be confirmed, probably before September 1.
Second, neither Roe v. Wade nor Obergefell v. Hodges will be overturned within the next five years, if ever.
Third, it is possible that the Court will revise the “undue burden” standard, introduced after Roe (I don’t remember the name of the case).
I hope that this appointment returns issues like abortion, the limits of presidential power, and so on to the political sphere but I don’t have my hopes up. The Supreme Court is the least democratic branch of government and it’s ever so much easier to get your way by fiat than by persuasion.