Justice Kavanaugh Should Sue The New York Times


Justice Kavanaugh might not be Antonin Scalia, but he is no wild-eyed leftist. My guess is that he is sort of on our side. He wants to protect individual liberty, free speech and the right to wear your own hat.

In other words, I think he’s against Big Brother and Street Bullies.

On the opposite side is the left. They want power. They want to tell you what you can say, write, or even think. They want to take your money and spend it on grandiose social plans, and they want to tell you that you have to bake certain types of wedding cakes, but not others.

The question is, which side will win? A simple answer might be this: The side with the best strategy.

It’s not the side with the most supporters, because clearly our side has more.

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Nor is it the side that controls corporate America, because 50 years ago we did, but The left’s superior strategy enabled them to take it from us. The same could be said for the education establishment.

Heck, years ago even the mainstream media used to be sort of neutral. We lost that institution too, big time.

So what’s wrong with our strategy? Why do we keep on losing assets and allies?

One reason is this: When we catch the other side cheating we never make them pay a serious penalty. Without penalties, why should the left follow any rules or laws? Why not cheat and lie, day in and day out, until you win?

It’s almost as if our side represents the Highway Police, but we refuse to issue any speeding tickets. When we see someone speeding we just say: “You really shouldn’t be doing that,” and that’s it. We don’t issue tickets and we don’t enforce fines. We just complain.

But that strategy doesn’t work, and if you use it the highway will turn into a mess. Some people would go 110 miles per hour and others would change lanes four at a time, going from the extreme left to an exit ramp at the very last second.

That’s what you get when you don’t enforce rules and penalties, which brings us to Justice Kavanaugh.

When the left violated all sorts of rules and laws during his confirmation fight, what penalties did they pay?

The answer is none. No one was indicted and no attorneys were disbarred. No one was charged with perjury and no one went to jail or even paid a fine.

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So our opponents reasoned: If there are no penalties, why not try again? At the very least we will make other potential Supreme Court nominees who believe in judicial restraint think twice before they step up to the plate.

And because there are no penalties, the left went after Kavanaugh again, last week — and they will also go after him in the future, repeatedly. They will keep on slandering him and attacking him for the rest of his life. Why not?

There is only one way to stop this, and that is to enforce penalties — or at least try. That is why I support the unprecedented move of a Supreme Court Justice filing a lawsuit against The New York Times.

If Justice Kavanaugh does not do this the slander will never stop. It won’t simply “go away.” The left will hound him and his family mercilessly for years, and it will get worse and worse.

So my advice to Justice Kavanaugh is this: You have to attack the cancer now, because it will only spread. I know you are not a Culture Warrior, but you’ve been drafted and now you have to fight.

It isn’t pleasant and some might call it “unseemly,” but its a question of you or them. One side will thrive and the other will wither. Which side do you want to be on?

The views expressed in this opinion article are those of their author and are not necessarily either shared or endorsed by the owners of this website. If you are interested in contributing an Op-Ed to The Western Journal, you can learn about our submission guidelines and process here.

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Mike Weinberger is a retired attorney and businessman who served as president of the Lawyers Chapter of the Federalist Society in New York City in the 1980s. He now lives in Louisiana, where he founded the Home Defense Foundation ( and co-founded the Committee for a Common Sense Judiciary (