The coordinated campaign between elected officials and pressure groups to block confirmation of Brett Kavanaugh to a position as Associate Justice of the United States Supreme Court seemed, at least in terms of its scale and brazenness, to be sui generis — despite the ugly Robert Bork and Clarence Thomas confirmation processes, never before had our country seen anything like this effort to politicize the judiciary system, transparently and in some cases expressly to ensure the courts would reliably support key Left-wing policy objectives.
As the Washington Examiner described the campaign, the goal was to extend “The Supreme Court’s days as a super-legislature,” which is “only natural for those who think the courts are there to make policy decisions.”
Yet in truth, this display was part of a larger pattern underway nationwide. Major ideological donors are underwriting campaigns to use the judiciary and the broader legal system to attain outcomes that have been frustrated by a lack of political support.
In late August, the Competitive Enterprise issued a report I wrote titled “Law Enforcement for Rent: How Special Interests Fund Climate Policy through State Attorneys General”. This detailed, with an expansive appendix of source documents, an elaborate campaign to use law enforcement, in coordination with major donors and activist pressure groups, to attain a “climate change” policy agenda that failed through the proper policymaking process.