The Coming SCOTUS Battle Is a Chance to Curb Judicial Supremacy
Replacing Justice Anthony M. Kennedy will trigger a titanic confirmation fight, one that may eclipse the ugly conflicts over Robert Bork and Clarence Thomas. Conservatives will press President Donald Trump to honor his promise to nominate judges wedded to the Framers’ Constitution. Liberals will regard the nomination as yet another battlefield to wage unremitting “resistance,” with abortion rights and affirmative action in the balance. Even as the two sides wage war over the future of Roe v. Wade, they may yet find an area of agreement: an end to an era of judicial supremacy in interpreting the Constitution and a return to greater judicial respect for the views of the elected branches of government.