Crying For SCOTUS Standards

https://www.nytimes.com/2018/09/03/opinion/supreme-court-kavanaugh-partisan.html

Ah, the NY Tines laments the politicization of the court! They ought to read Scalia ... he predicted the obvious long ago. When the Warren court denied the people, the states, and the nation the proper discussion required to make murdering the unborn a "right", they sowed the seeds of exactly what this article laments. The court decided to take political action in legislating from the bench, so the people decided that the justices needed to be poltically vetted and screened so that they would take their political actions in the direction of the people who voted for presidents in order to get "their" judges on the SCOTUS. 

The article interjects Bush V Gore as a smoke screen -- we might still be litigating the 2K election if the SCOTUS had not put an end to it! Naturally, it was the NY Times "loss", so they need SOMETHING to seem like a "conservative win" in the political court. 

The reality is that there are essentially NO "conservative poltical wins" by the SCOTUS because the judges that conservatives want are strict constructionist / original intent judges that DON'T legislate from the bench. Thus the difficulty in overturning even egregious rulings like Roe or Kehlo that ARE "legislating from the bench". Once the court has ruled, "Stare Decisis" taken seriously by converservative judges tends to make the ratchet of judicial activism always tilts left. 

Even worse, the conservatives on the court tend to defer to the other two branches -- so cases like BOcare forcing people to buy insurance still get decided in favor of the left. 

Naturally, the NY Times likes to have "The Party" (TP-D) always control ALL branches of government, including especially the 4th extra-Constitutional Deep / Administrative State. The idea of the SCOTUS not being in firmly left wing hands is enough to make the Times pine away for a totally non-political court. Their assumption is that there are no principles higher than politics, so conservatives are just as likely to make law from the bench as "progressives". 

Most likely not -- and if they get control of the court again, they will be more than happy to see laws that put Christians in jail for failing to celebrate a gay "marriage", genders yet unimagined, sexual practices to make a Roman blush, and government invasions of all manner of property, thought, and faith! 

Naturally, to the NY Times, that is just "progress"!  No need to have a SCOTUS unless it is fully under control of TP!