On Tuesdays Mark Levin Show, there have been 113 Supreme Court justices in the entire history of the US and as much as we respect the President, we can't sit on our hands and refrain from asking tough questions about Judge Brett Kavanaugh. The gold standard of a justice is never a risky pick because you know well in advance what you're getting, Kavanaugh wasn’t that standard. Risky appointments have historically taken several years to prove badly. When we make concessions on Supreme Court nominations the nation suffers. We hope that Kavanaugh will be as impeccable as Justices Scalia, Thomas, or Gorsuch. There's no question he's of good moral character, but he's not up for the priesthood - he's up for the Supreme Court. Then, Chief Justice Roberts' decision fined citizens $1500 in additional taxes for failing to buy Obamacare health insurance. The government saying you shall have health insurance is an example of the coercive power of the government. Congress never called Obamacare a tax, the Court did, and Kavanaugh agreed. Kavanaugh rewrote the statute and argued that the anti-injunction act was his justification because the tax penalty had not been applied to anyone yet. Also, Kavanaugh's view of impeachment is absurd; "dastardly" behavior doesn't meet the standard for impeachment. Kavanaugh is good on issues of the administrative state. This is good because most cases that come before the Supreme Court don’t have broad-based impact on each of us, they're isolated to the parties of those particular cases. Kavanaugh is not Ginsberg or Sotomayor but we don't know him so it’s risky. If he turns into the next Scalia, that’s great, but we're not here to sabotage him, this is an important process and we just want to ask questions of him. Learn more about your ad choices. Visit podcastchoices.com/adchoices