Judge Brett Kavanaugh’s confirmation to the Supreme Court is being seen as a huge opportunity for some conservative legal groups.
Conservative legal groups say they now plan on bringing cases to the Supreme Court they previously feared would not be heard or ruled in their favor due to the moderate nature of recently-retired Justice Anthony Kennedy.
With a 5-4 conservative lean, we can expect to see more cases on cutting government regulations and upholding property rights, hopefully reversing the decades-long trend of increasing governmental overreach.
While it only takes four justices to agree to hear a case, it takes five votes to win. Justice Kennedy, who Kavanaugh has replaced, was always considered a risky vote for conservatives.
Kennedy was equally as likely to vote for the conservative side of an issue as the liberal side, so it understandable why these groups were reluctant to take their cases to the Supreme Court.
Now that a stronger conservative judge is sitting on the bench, some of the key issues these groups want addressed immediately are individual property rights and government regulations.
There are other issues at hand, obviously, but the groups are not looking to shake things up too dramatically this early on in Kavanaugh’s tenure.
Leading up to Kennedy’s retirement, Justice Kennedy seemed to lean a bit more towards his conservative roots when making rulings.
The term leading up to his retirement saw a massive string of victories for the right side of the aisle.
One of the more hotly debated issues was voter ID laws, which presented conservatives with a significant victory very close to the mid-term elections.
One of the issues that will be brought before this court is a more definable line of the separation of powers when it comes to government regulations.
Many conservatives believe that the level of power wielded by various government agencies has started to cross a line, so they will ask the Supreme Court to “unblur” these lines and clearly define them again.
Individual property rights are also a major concern for conservative legal groups, especially when it comes to the government literally taking land away from landowners without proper compensation in the name of conservation.
These issues will more or less be the testing of the waters, as there are other, more polarizing issues they want addressed, such as religious liberty and abortion laws.
However, the court is unlikely to address such hotbed topics right out of the gate.
In the words of Pacific Legal Foundation’s James Burling, they are not looking for the “moon and the stars” right now at the risk of getting nothing in return.
Instead, these conservative groups will move ahead cautiously to test the water temperature before diving in with both feet.