As discussed today, the Kavanaugh nomination unleashed a form of primordial politics that seemed to reach horrifying levels on both sides of personal destruction and no holds barred attacks. No sooner had that column run in the Hill when Ariel Dumas, a writer for CBS’s “The Late Show with Stephen Colbert,” declared that “Whatever happens, I’m just glad we ruined Brett Kavanaugh’s life.” It summed up in a Tweet that vicious character of our politics and discourse.
I expect Dumas’ desire for the ruination of Brett Kavanaugh will ultimately prove unrealized. As I have discussed, while Kavanaugh’s Wikipedia page might start with this controversy, it will not end there. What will follow is decades of consequential cases. That is called a legacy. The Ford controversy was an allegation.
That legacy will start sooner than most expected. Last week, the court heard three cases dealing with areas like environmental law and the death penalty where Kavanaugh is likely to shift the Court to the right. I expect that some if not all of those cases will be a 4-4 split. Tradition allows for those cases to be reargued for Kavanaugh. This week, there are additional criminal cases. In other words, Kavanaugh’s confirmation will start to pay dividends for conservatives in the first week.