ONE JUDGE. Our country is bitterly divided over the nomination of one judge to fill one seat on one court. Think about that. This began long before the recent allegations came to light. Our political leaders have, since Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court this summer, described this as a fight for the future of our country. But should the appointment of one judge really cause such significant social division?
In our constitutional order, judges were meant to have a modest role, applying the law to the facts of individual cases. Alexander Hamilton assured his readers in Federalist 78 that the judiciary was designed to be the “least dangerous branch.” But over time, increasingly political judges have assumed an increasingly significant role over American life. As judges began to act more like legislators, is it any wonder that the American people and their representatives treat them so?
Indeed. The anger that is rending the country is a symptom of the fact that we have invested far too much power in the Supreme Court.