Can State Supreme Courts Protect Liberal Constitutionalism in the Coming Era of Reactionary SCOTUS Jurisprudence?

With President Trump’s nomination of Judge Brett Kavanaugh to fill the Supreme Court seat that Justice Anthony Kennedy will soon vacate, media attention has now shifted to the coming “battle” over his confirmation. Yet the outcome of that battle is essentially a foregone conclusion. In order to defeat Judge Kavanaugh’s confirmation, opponents would need to persuade not only two Republicans but also all three of the red-state Democrats who voted to confirm Neil Gorsuch last year. Absent the exposure of some previously unknown very serious wrongdoing by Kavanaugh, that is highly unlikely. And even in that event, and even if the Democrats manage to win control of the Senate in November, the Republicans could still confirm a like-minded or even more conservative nominee during the lame-duck session before the new year.Accordingly, liberals who are distressed about the impending era of reactionary Supreme Court jurisprudence should probably direct most of…

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