CNN Analyst Unaware Supreme Court Doesn’t ‘Change’ Laws
Legal expert Joan Biskupic reflected on how Justice Brett Kavanaugh will be 'moving everything to the right' on SCOTUS
CNN Supreme Court analyst and author Joan Biskupic (pictured above) thinks Supreme Court justices go about “changing the law of land,” which, in fact, is what popularly elected lawmakers do.
“It occurred to me that that was the first time I was hearing that in that courtroom, and that [Supreme Court Justice Brett Kavanaugh] would be sitting there, John, for another 20 years, changing the law of the land and as we’ve said so many times, moving everything to the right because he is succeeding a man who was much more of a centrist,” Biskupic told “Inside Politics” anchor John King Tuesday.
But under the U.S. Constitution, the Supreme Court doesn’t make the laws; it is supposed to interpret the laws Congress passes and review lower courts’ rulings based on current laws.
After President Donald Trump nominated Kavanaugh in July, Federalist Society President Leonard Leo, a White House judicial adviser, said on Fox News’ “The Ingraham Angle” that the Left was carrying out “a lot of scare tactics” because they want an “outcome-based” Supreme Court.
“They want to make sure they get results from the court that they know they can’t get through the political process,” Leo warned.
Former independent counsel Kenneth Starr, for whom Kavanaugh worked during the Whitewater investigation, which ultimately led to former President Bill Clinton’s 1998 impeachment, told Fox News host Laura Ingraham that many liberals want Supreme Court justices who will create new policies based on “what they believe to be the most humane and compassionate public policy.”
“You’re to rather be stewards of the law and to take the text … meditate on that text, but don’t just make it up,” Starr said.
Biskupic and King were reacting in particular to Kavanaugh’s first official day serving on the Supreme Court, following a turbulent and bitterly partisan confirmation process that was derailed further by last-minute sexual assault allegations.
Christine Blasey Ford accused Kavanaugh publicly on September 16 of sexually assaulting her 36 years ago, during a high school gathering in Maryland.
Two other women, Deborah Ramirez and Julie Swetnick, also came forward with accusations of sexual assault against Trump’s nominee. Kavanaugh repeatedly and unequivocally denied all of the sexual assault allegations leveled against him.
Both Kavanaugh and Ford testified before the Senate Committee on the Judiciary. He was confirmed 50-48 Saturday and sworn in later that day, following an FBI review of the allegations. Trump held a ceremonial swearing-in ceremony Monday night at the White House.
King pointed to Kavanaugh’s pledge Monday to hold “no bitterness” against those who vehemently opposed his nomination during a “contentious and emotional” confirmation process as he focuses on being “the best justice I can be.”
“We’ll see. We’ll see. He’s on the bench today,” King said.
Biskupic emphasized that while Kavanaugh “only had a few protesters” who showed up Tuesday, “the country is still in turmoil over this nomination.”
“And then, you know, the Q&A started and Justice Kavanaugh asked questions of both sides. And you hear — you heard one of the lawyers refer to Justice Kavanaugh. And it occurred to me that that was the first time I was hearing that in that courtroom,” Biskupic said of Kavanaugh’s first day on the bench.