Liberal Establishment Hysteria: The Brett Kavanaugh confirmation fight is also about the future of the economy. His jurisprudence would render economic and environmental regulation nearly impossible.

Vox reports:

In one of the most startling developments of American history, the Reconstruction-era Congress passed the 14th Amendment to try to establish black people’s civil rights, only to see Gilded Age courts rule that the 14th Amendment’s reference to “due process” prohibited all kinds of economic regulations — including civil rights laws! This ultimately culminated in the Lochner-era jurisprudence that was discredited in the 1930s but that many conservative intellectuals are now trying to rehabilitate.

The haunting fear of statists ....