President Joe Biden said what most of his party believes the other day: “The Constitution is always evolving slightly in terms of additional rights or curtailing rights.” That misconception is why Supreme Court confirmations have turned so nasty.
No: The whole point of a written Constitution is that it doesn’t “evolve” except under the arduous procedures for amending it. The Supreme Court may make new constitutional law in the course of applying it to new situations, but that’s supposed to be it.
Which is why progressives going back to President Woodrow Wilson have always hated the actual Constitution, as it limits their agenda.
These days, they’re eager to pack the high court with judges who’ll “read” that agenda into the nation’s fundamental law, which is a lot easier than convincing the people’s elected representatives to endorse their program.
And so they play rank politics with the Supreme Court. They gin up personal smears against nominees from Clarence Thomas to Brett Kavanaugh in a bid to keep them off the court. They threaten to delegitimize the high court itself if it rules the “wrong” way — threats that apparently got Chief Justice John Roberts to save the ObamaCare law.
For all their talk of a “war on democracy,” the left is engaged in a decades-long war on a vital branch of our Republic.