Experts on Judge Kavanaugh and Election Law

From Politico, here are some excerpts on how his confirmation would affect election law and democracy:

  • Geof Stone:  “Across the entire spectrum of critical constitutional issues – ranging from abortion to gay rights to affirmative action to gerrymandering to campaign finance to the regulation of guns and beyond – they will now hold a majority. This is a stunning victory for partisan judicial decision making, and a stunning defeat for the integrity and credibility of our Supreme Court, which will now be transformed into a blatantly partisan institution.”
  • Elizabeth Price Foley: “His commitment to textualism and originalism will help the Court restore power to the political branches and consequently, the American people. Unlike activist judges who believe “law is politics” and feel empowered to impose their subjective preferences on the country, judges such as Kavanaugh believe strongly that law is the end product of politics, not a continuation thereof.”
  • Michael McConnell: “Please, my liberal friends, calm down…. [I]t is hard for me to count five votes for overruling Roe…. And even if I am wrong about that, remember that a reversal of Roe means nothing more than a return to the democratic process…. Citizens United is probably here to stay. But this is not because of replacing Kennedy with Kavanaugh. Kennedy wrote Citizens United.”
  • Michael Waldman: “[I]t’s an alarming day for the law of democracy. On this topic, the Roberts Court has been activist, relentless, and destructive. Take Citizens United. Or Shelby County (gutting the Voting Rights Act). Or this year’s rulings on voter purges and racial gerrymandering. The Roberts Court even came within one vote – Kennedy’s – of blocking citizen ballot measures to reform redistricting. The Court may now rule on voting rights, partisan gerrymandering, campaign finance laws and the one-person-one-vote doctrine (conservative activists want only citizens counted for redistricting). Kavanaugh should be grilled on his stance toward America’s wobbly democracy.”

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