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At Stake in the Kavanaugh Fight: Rule by the People

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Supreme Court Justice nominee Brett Kavanaugh meets with Sen. Rob Portman (R-OH) at his office in the Russell Senate Office Building in Washington, U.S., July 11, 2018. REUTERS/Leah Millis

In their desperate desire to block the confirmation of Judge Brett Kavanaugh to the Supreme Court, Democrats say they’re fighting to protect “abortion rights”, but that claim is deeply misleading. If a state legislature wants to pass laws creating a right to abortion, not even the most pro-life Justice would say that the Constitution stops them from doing so, and not even the most pro-choice Justice can identify a clause in the Constitution that requires them to do so.

The fundamental debate isn’t about abortion – it’s about who gets to make the regulations that govern society. Originalists see all power coming from the people and their elected representatives; judicial activists want to impose the choices of unelected judges over the popular will.

Justice Kavanaugh’s confirmation will convey a powerful message that in America, it’s the people who rule, not all-powerful judicial elites.

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  1. Bchg  •  Jul 18, 2018 at 4:07 pm

    Repeal abortion rights, put it in the states hands, I say. That way in some states abortion will be legal, and perhaps even subsidized by state government, and in others abortion will be considered and both the woman and doctor can be executed for murder. That’s letting the people decide.

    • Mike Ruzza  •  Jul 20, 2018 at 3:40 pm

      Yes; WAY too much power has flowed to Fedzilla thanks to libs and some conservatives too. Put it back on the states where it truly belongs.

  2. Armand  •  Jul 20, 2018 at 10:59 am

    “Let the states decide” yeah let em regulate airlines and airman certificates too; get rid of the FAA and let the states regulate the skies. The states have done a great job regulating healthcare turning it into a “pay to play” mafia where there’s little to no free movement of hospitals, doctors or insurance across state lines. All the while the politicians get paid to maintain the mafia. Goo idea pal

    • Debbie Groyer  •  Jul 20, 2018 at 2:53 pm

      Silly, sarcastic, and deliberately obtuse response from Armand. No one disagrees that there are certain areas over which the federal government should have jurisdiction. Obviously anything to do with the air travel falls into that category. Health care is too nuanced to go into here and should be a private industry, subject to the economic principles of competition and capitalism. We do think the Feds should engage in the one thing over which there used to be little debate: providing for the common defense.

  3. Nani Tavares  •  Jul 20, 2018 at 4:06 pm

    The Feds need to be involved in defense which includes the border, the air, communications, international relationships and trade. Most importantly, they need to insure the constitution remains the bedrock of this nation for it is the insurance of our freedoms.

    You do realize that the Left wouldn't have this problem if they hadn't used the courts to circumvent the will of the people. Whatever they couldn't get pass the legislative branch, they pushed thru the courts and activist judges who went on to find all kinds of "rights" in the constitution.

    Perhaps, now we can get back to 3 branches of power: executive, legislative, and the courts.

  4. Armand  •  Jul 20, 2018 at 5:23 pm

    “Health care is too nuanced to go into here and should be a private industry, subject to the economic principles of competition and capitalism.”
    It’s a private industry supported by billions of federal reserve QE that lobbies to PREVENT competion and a free market from emerging. Health care is a regional cartel that spends billions lobbying and buying favors to protect regional markets. Show me a hospital group that wants federal licensing and open competition? Find me one!
    Nothing “silly” except your comments, and nothing sarcastic except me pretending to think you have a clue what you’re taking about

    • Ddtv  •  Jul 21, 2018 at 7:53 pm

      In the end, insurance or not, everyone gets their $500k bypass surgery. But who pays for the uninsured persons surgery? This is where they healthcare debate begins. If you can’t mandate that everyone is insured, can you mandate that a hospital has to provide a service to a deadbeat? I can’t demand that a mechanic fix my car if I can’t pay, why should a doctor be forced to give his services to someone who can’t pay?

      • Ty  •  Jul 22, 2018 at 6:51 pm

        Correct. So the question becomes how you solve this dilemma.

        Decent people, liberals, solve it by having the costs socialized so that the guy still gets his surgery even if he cannot pay. The doctor still gets paid in this model, and the costs are born by society.

        The conservative solution, the one most appealing to sadists, is to see the person that needs surgery and cannot pay, and remove the requirement to treat the person. The result = LET THEM DIE even though we know how to save them.

        Conservatives are not merely wrong about the effects of policy here, they are immoral sadists.

      • Rizzo  •  Jul 23, 2018 at 2:19 pm

        Ty…. you are so childish. You talk like a fool!
        Show me ONE elected government official that advocates for “let them die”.
        NONE…. that policy doesn’t exist, not even the suggestion of that policy.
        You are so dumb, you just equate any solution that doesn’t involve MORE government as “let them die”.
        It’s absolutely pathetic!
        You need to come to grips with the FACT, that there are solutions that don’t involve government. And, sometimes government actually causes and worsens existing problems.
        Grow up!

      • Ty  •  Jul 23, 2018 at 4:22 pm

        Almost no conservative/libertarian is brave enough to say those words, they just advocate for the status quo where that is the reality for people.

        And if people are saved, their backup status quo is to saddle people with crippling debt that bankrupts them for their sins of choosing life over death. Such bad people, losers who did not "work harder" and made bad choices!

        You know, the common conservative refrain when writing misfortune off and excusing their indifference to human suffering they have direct control over being able to solve.

        Oh and Rizzo, show me the non governmental solution that solves the problem of people not being able to afford treatment and still getting care. You go right ahead, I'm waiting. But be sure to advocate for the REPEAL of the law Saint REAGAN signed that MANDATED via GOVERNMENT FORCE (idiot conservatives don't even know what their own leaders have supported, and scream about being against government) that hospitals HAD to take people and treat them for acute issues at emergency rooms.

        Before that LAW that FORCED hospitals to do that, people still got treated, but some did not and were offloaded if the costs were seen as too great. That is what ACTUALLY happened. And the solution was GOVERNMENT you jerkoffs.

        But Rizzo tells us we don't need government for such things, in fact conservatives in general make that argument, so I'm waiting to hear the non governmental answer. Give me one that does the job, and I'll accept it. IF it works. Because as I've said before, MY north star is not strict adherence and obedience to pure ideology like a DOG/SLAVE like so many of you conservatives, my north star is the better outcome, however it arrives.

        There is a greater Freedom and flexibility in this LIBERAL ethos, pity so many conservatives do not wish to be free.

      • Rizzo  •  Jul 23, 2018 at 4:37 pm

        “IF it works. Because as I've said before, MY north star is not strict adherence and obedience to pure ideology like a DOG/SLAVE”

        If that were TRUE, why have you NEVER advocated for ANYTHING other than BIG, IRON-FISTED, GOVERNMENT “solutions”

        OBAMACARE doesn’t work, and never did, but you are still a “SLAVE”.

        So PLEASE, spare us all with your lying about being open to what “works”.

        You’re a FRAUD…. fighting straw men arguments!

  5. Jim Bird  •  Jul 21, 2018 at 9:39 am

    Reference: So it is true!

    In paragraph 2 Michael is saying if a Nazi, a terrorist or Democrat winds up on the Supreme Court, having sworn to uphold our constitution, they have the right to vote for sharia law governance for the country. They don’t have to follow rule of law-constitutional, statute or otherwise. How in the hell do you swear to uphold the constitution but vote against the constitution 100% of the time? Michael is saying we’re a Banana Republic (at best!) and the Constitution is not worth paper it’s written on. So Kagen, Sotomejor, Ginsberg can continue going down the totalitarian road un-encumbered by rule of law and our founding documents. MAKES PERFECT SENSE TO ME!?!?

  6. Jim Bird  •  Jul 21, 2018 at 10:01 am

    Reference – Bottom line for me

    I’m sick of both sides of aisle – Cowards and Communists politicians

    The only Light in the country and world now is Trump – you should add a chapter to your Miracles book Michael. Thank God for Trump. He’s a human being, being human every day just like all of us who work every day for the common good. We no longer deserve the crap we have to put up with from politicians and pundits. Isn’t it good to know that California illegals get to vote legally now in Cali – this could be huge problem though because as illegals they got to vote multiple times every Election Day. No problem, they can vote under several different names.

    • Rizzo  •  Jul 22, 2018 at 10:40 am

      Trump, and what Trump represents is indeed the only shining light, right now. That’s not to say he is perfect, but he is far better than anything we’ve had since Reagan. The problem is, Trump’s time is but a blip on the radar. We need something more permanent. We need to have a mechanism to fight the tyranny of an out of control judiciary and a rogue federal government. I am advocating for the convention of states. It is time for the states to claim their rightful, constitutional power and put in check this lawless, federal leviathan.

      • Jim Bird  •  Jul 22, 2018 at 3:36 pm

        Confederation of States is ideal and Trump’s progeny in the White House would be fantastic in eradicating the insanity of the Left.

  7. Bchg  •  Jul 21, 2018 at 7:45 pm

    Repeal abortion rights, put it in the states hands, I say. That way in some states abortion will be legal, and perhaps even subsidized by state government, and in others abortion will be considered MURDER and both the woman and doctor can be executed for murder. That’s letting the people decide.

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