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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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