The furor over the nomination of Brett Kavanaugh is spurring many commentators to bewail that the Supreme Court has become too powerful. But the real problem is that the Court is now often little more than a fig leaf to provide legitimacy for a Leviathan that would have mortified the Founding Fathers. The Court’s betrayal of its constitutional role has vastly increased the stakes for the current and any future Justice nomination. Kavanaugh’s owes his credibility as a nominee to the Supreme...
