Salt Lake Tribune · Sep 2, 2018
George F. Will: Some final queries for Judge Kavanaugh
FILE - In this July 9, 2018, file photo, Judge Brett Kavanaugh, President Donald Trump's Supreme Court nominee stands in the East Room of the White House in Washington. Kavanaugh suggested that attorneys preparing to question President Bill Clinton in 1998 seek graphic details about the president's sexual relationship with Monica Lewinsky. The questions are part of a memo in which Kavanaugh advised Independent Counsel Ken Starr and others not to give the president "any break" during questioning. He suggested Clinton be asked whether he had phone sex with Lewinsky and whether he performed specific sexual acts. (AP Photo/Alex Brandon, File) Washington • Four decades ago, New York Sen. Daniel Patrick Moynihan, an intellectual Democrat, observed with amazement and regret that Republicans had become the party of ideas. Today, many of America’s most interesting arguments divide conservatives. One concerns the judiciary’s role in the supervision of democracy: Should judges be, as Oliver Wendell Holmes and Robert Bork believed, deferential to majorities, or should judges be engaged in limiting majorities in the name of liberty? Another intramural conservative debate is whether “originalism” is sufficient as a method of construing the Constitution. So, Brett Kavanaugh’s Senate interrogators might usefully ask: