Unlike Hawley’s test, which has been failing for decades, the search for proven, courageous constitutionalists has been bearing more and more fruit. Which justices followed the Constitution in June Medical? Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. These are the justices who, at the time of their nomination, had the longest records of principled jurisprudence, grounded in textualism and originalism, and had demonstrated the courage to apply those principles.
Contrast that with Planned Parenthood v. Casey, which had an all-Republican plurality. Or take a look at Trump’s extraordinary lower-court appointments, judges like Amy Coney Barrett, Lisa Branch, Kyle Duncan, Barbara Lagoa, Trevor McFadden, Andy Oldham, Lawrence VanDyke, and many others.
Hawley is eager to publicly condemn the conservative legal movement, but he has voted for virtually all of President Trump’s nominees, and presumably he voted his conscience. How many of Trump’s judges had stated on the record that Roe was wrongly decided? Does Hawley regret voting for the ones who didn’t?