Delaware needs Justice Kavanaugh on the Supreme Court before the battle to diminish the Constitution’s promise of two senators per state begins. For when it begins, in whatever form, it will be too late to look for “strict constructionist” judicial nominees for help.
Demographics are verifiable reality, and within the not too distant future — a future wherein Justice Kavanaugh will still be a sitting Supreme Court justice — about 70 percent of United States Senators will be elected from states that account for 30 percent of the population. In the run-up to this reality, Delaware can expect skirmishes over its “out-sized” influence in the nation’s federal political realm.
Whatever may happen to Roe v. Wade and other notable Supreme Court case law cannot be predicted with the certainty of the coming storm over Senate representation as set out in the United States Constitution.
One can only groan over the present state of political affairs and easily conjure cousins of the Cornhusker Kickback, the Louisiana Purchase and the Florida Flim-Flam fishing for a mooring coalition.
How Delaware will be “picked off” is impossible to predict. But unless Sens. Carper and Coons see a clear path forward to defeating Justice Kavanaugh’s nomination under current Constitutional and Senate rules, each would do well to vote “yes” and allow this eminently qualified candidate to take his rightful place on the Supreme Court bench on the first Monday in October.
I urge Sens. Carper and Coons to sift and weigh what lies ahead equally with what lies behind and, in doing so, on behalf of the First State, take the first shot as this political reality approaches.