The nomination of Neomi Rao to the U.S. Court of Appeals for the D.C. Circuit exposed oft-ignored fissures within the right-wing legal establishment, aggravating social conservatives who feel their priorities have been unfairly eclipsed.
GOP Sen. Josh Hawley of Missouri was the most vocal Rao-skeptic among Senate Republicans, divining from her scholarly writings possible support for progressive landmarks like Roe v. Wade. Rao is sometimes associated with libertarian legal scholarship...
Well, well! Somebody is smelling the coffee! And there's more.
...Professor Adrian Vermeule of Harvard Law School agreed that social conservatives are becoming less interested in legal method and more interested in pure results. He cited growing skepticism of free market ideology and a feeling of betrayal on issues like abortion as driving the religious right’s reorientation.The key phrase is "substantive due process," which grants rights--such as "privacy"--which cannot be found in the Constitution. As you recall, "privacy" was a major building-block for Griswold and, subsequently, Roe.
“I think the real reason social conservatives are becoming more oriented to results is simply mistrust of the corporate, libertarian wing of conservatism,” Vermeule told TheDCNF. “And that mistrust emphatically extends to judicial nominees.”...
Ted Cruz demonstrates why he was my FIRST choice for President:
...GOP Sen. Ted Cruz of Texas seemed to share Hawley’s concern. During Thursday’s hearing, Cruz suggested he would oppose Rao were she ever nominated for the Supreme Court....There is a vast chasm between Libertarianism and the Judaeo-Christian tradition on which this country was built. May as well get it straight: Libertarianism is an elegant word for libertine-ism, which is not Conservatism.