Op-Ed: Justice Thomas’ refusal to recuse himself is thumbing his nose at the law, and it won’t go over well
by: Mark D. Levin
The Supreme Court has one less member on its bench. Yesterday, the court finally decided, in a 7-2 opinion by Justice Anthony Kennedy, not to accept the appointment of Justice Brett Kavanaugh. When the Senate decides whether to confirm Kavanaugh, it will have no one left to defend the Roe v. Wade decision before the highest court in the land. In just three years, abortion on demand has given abortionists the ability to kill the unborn before birth and keep them to themselves and their unborn offspring.
In a dissent by Justice Stephen Breyer, Breyer argued the confirmation of Kavanaugh to be the most momentous appointment since the death of Justice Robert Jackson in February 1968. Kavanaugh was nominated by President Trump to serve on the Supreme Court, replacing the retiring Justice Anthony Kennedy.
Although Kavanaugh is the favorite of the conservative bloc of the U.S. Supreme Court, with more than 60 out of the 99 sitting judges on the court, there are reasons to be positive in the decision by the court to reject his nomination.
The Kavanaugh decision is also a victory for the people of the United States. The Democrats, whose candidates Kavanaugh endorsed during the presidential primaries, are making it crystal clear that they will try to stop Kavanaugh from being confirmed from the very beginning. For decades, they have been trying to use their political power to deny Kavanaugh a seat on the court.
In their battle against Kavanaugh, the Democrats have a strong case that he is the wrong choice. Justice Ruth Bader Ginsburg and Justice Stephen Breyer both voted to confirm Kavanaugh last month to serve on the court for life. Justice Clarence Thomas announced his retirement in October. According to the Washington Post, he had the least support among the nine justices on the bench. Justice Samuel Alito did not vote to confirm Kavanaugh last month. And Associate Justice Neil Gorsuch was considered too independent, and too liberal by the conservatives, to be confirmed.
The Democrats also used every legal argument they could on the Democrats’ side to defeat Kavanaugh and his nomination. One major argument was that he had a record of “erroneous and inconsistent�