Courts

Nobody Saw The Brett Kavanaugh Death Threat Thing Coming?

'If, tomorrow, I tell the press that, like, a [church] will get shot, or a [school] will be [shot up], nobody panics, because it's all 'part of the plan'. But when I say that one little old [SCOTUS justice] will die, well, then everyone loses their minds!' - Joker, The Dark Knight

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(MANDEL NGAN/AFP/Getty Images)

As a person interested in the practical implications of high theory, my ears perk up when constitutional amendments and common sense notions interact in real life. People get that since at least the Magna Carta, that everyone — even high-ranking government officials — is subject to the rule of law. Nobody bats an eye when you say that the 1st Amendment protects the right to protest. The 2nd Amendment protects the right to bear arms for the sake of things ranging from defending one’s home or overthrowing a tyrannical government. And of course, the country is so pro vigilante justice that even the cops are doing it and no one seems to care. But when a guy walks up to a Supreme Court justice’s house with a gun, a knife, and burglary tools, everyone loses their minds.

The man, described as being from California and in his mid-20s, was taken into custody by police after telling officers he wanted to kill the justice, according to people familiar with the investigation. He apparently did not make it onto Kavanaugh’s property in Montgomery County but was stopped on a nearby street and was found to be carrying a gun, a knife and burglary tools, these people said, speaking on the condition of anonymity to discuss an ongoing investigation.

Two people familiar with the investigation said the initial evidence indicates that the man was angry about the leaked draft of an opinion by the Supreme Court signaling that the court is preparing to overturn Roe. v. Wade, the 49-year-old decision that guaranteed the constitutional right to have an abortion. He was also angry over a recent spate of mass shootings, these people said.

… Yeah, that’s not what people mean by the phrase judicial activism.

I know the gut-check response is to be in shock and awe that this happened, but should we really be? Do we not remember the part of  the failed coup where folks made the attempt to abduct and potentially kill congresspeople?

This is not an endorsement, and please do not misread it as such, but the real question here is not “How could a thing like this happen?”, but rather “Why did Kavanaugh get threatened first and not Alito?” Because to think that we aren’t a the point in the zeitgeist where major public figures will be threatened is sophomoric at best. Sorry to be a bearer of bad news, but this is what happens when you mix an obscene amount of might makes right rhetoric with a rule of law crisis and falling approval ratings.

The man was arrested and charged with attempted murder. In the meantime, I will be offering Kavanaugh and the rest of The Court the same protections we as a nation offer our schoolchildren, black church attendees, music festival attendees, and people buying this week’s groceries — my thoughts and prayers.

Man With Weapon Arrested Near Brett Kavanaugh’s Home, Officials Say [WaPo]

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Armed Man Arrested Near Supreme Court Justice Brett Kavanaugh’s Home Is Charged With Attempted Murder [WSJ]

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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