MSNBC host Katy Tur asked if a conservative legal philosophy was appropriate in 2018, given that the nation—in her view—has become more progressive. It’s “not 1776,” she added. She was interviewing J.D. Vance, author of Hillbilly Elegyand former student of Supreme Court nominee Brett Kavanaugh, when she made the remark. Here it is in full:
"Based on where Americans stand on the issues, and Americans have really moved in a much more progressive direction over the years, do you think it's appropriate to continue to take such a strict, originalist view of the Constitution, given it's 2018 and not 1776?"
Well, Mr. Vance handled this loaded question well. Ben Shapiro, editor-in-chief of Daily Wire, was not so kind, torching Tur for her “levels of stupid” with these remarks (via Mediaite):
Oh, the levels of stupid,” Shapiro reacted. “1776, the Constitution was not yet written, Number One. Number Two: If you believe that America has evolved beyond the Constitution, it has an amendment process. Also, we have legislatures that you can elect. And finally, the idea that any of this justifies the Supreme Court moving away from the text of a law simply so that they can interpret the Constitution as poetry is more evidence that the left wants the Supreme Court to simply be a super legislature as opposed to, you know, an actual judiciary that is using judgment instead of will, as per Alexander Hamilton in Federalist ’78.”
Shapiro also ridiculed those who have been making fun of Kavanaugh’s first name by saying they’re the same people who are “celebrating” Cardi B‘s newborn daughter Kulture.
Ouch. The Supreme Court shouldn’t legislate. In fact, no judge should, which is at the core of conservative legal philosophy, among other things. The late great Justice Antonin Scalia notably said that he takes stare decisis in most cases, except Roe v. Wade since that turned the judiciary into a legislative body, which is something he cannot abide by—and the reason why liberals are worried Roe v. Wade will be overturned. Yet, the Supreme Court doesn’t just meet and decide to hand down opinions on things. Second, Kavanaugh is most likely going to be confirmed, so we’ll get to see another liberal meltdown in this Supreme Court fight. As for Roe, it remains to be seen, though the Left has this notion that abortion will be illegal on the first day of the next SCOTUS term. Every time a Republican has been in a position to nominate someone to the high court, the Left says abortion rights and Roe v. Wade are under attack. And the opinion still stands. As for conservative legal philosophy, well, maybe when the liberal media brushes up on their history, we can have a discussion about that.