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Cass R. Sunstein

The Test for Judge Kavanaugh

It is worth figuring out whether a Supreme Court nominee believes in judicial restraint.

A crucial question for the nominee.

A crucial question for the nominee.

Photographer: Mandel Ngan/AFP/Getty Images

So it’s Judge Brett Kavanaugh. There will be time enough to explore the nominee’s views and record. Let’s step back a bit and get some perspective on the national debate that we are about to have.

Those on the left fear, and those on the right hope, that Judge Kavanaugh will prove pivotal to an assortment of new constitutional rulings: protecting gun rights, overruling Roe v. Wade, invalidating affirmative action, crippling the regulatory state, striking down the Affordable Care Act, and allowing people with religious objections to discriminate against gays and lesbians.