Dear Mr. Trump,

A judge who doesn’t “make law,” but only “interprets” the law? Complete nonsense!

You know that you don’t have to ask Kavanagh if he’s going to reverse Roe v. Wade. He will do so ASAP.  The kind of judge that the Federalist Society approves of has made up his mind on that point already because – purportedly – the Constitution does not expressly say that there’s a right of privacy in the individual vis-à-vis the government.

Kavanagh’s “interpretation” will in effect make it the law that the government has the right to control women’s bodies, to force those bodies to bear children, whether or not the woman who has conceived wants a child or can take care of a child, to force those bodies to bear children, whether or not the embryo was conceived as a result of rape or incest, whether or not the embryo is viable, whether or not continuing to term will not only threaten the health of but potentially kill the mother. That is making law and – wink, wink — you know that’s exactly what Kavanagh will do

And what next? Where in the Constitution does it say explicitly that inhabitants of the United States cannot be beaten up by police officers for their political beliefs, for their ethnicity, for their refugee status, for their sexual orientation? Where in the Constitution does it say explicitly that people have a right to use contraception or marry whom they wish? Where in the Constitution does it say explicitly that parents have a right to decide what schools their children can attend? In fact, where in the Constitution does it say that parents have any rights in the upbringing of their children?

Kavanagh will “make law” when it damn well pleases him and the so-called conservatives, Sir. They will be activist judges when they feel it suits your agenda.

Unless the Senate refuses to confirm him. It will take the defection of only two Republican senators and the courageous behavior of the Democratic senators to stop this charade of “interpreting” but not “making” the law.

Very truly yours,

Bruce J. Berger