From the NYT article mentioned by the thread headline: "But now, in an age of 5-4 partisan decisions, we’re on the verge of having a five-member majority who figure to radically rewrite our nation’s laws. And four of them will have been narrowly approved by senators representing minority will."-Michael Tomasky (a columnist for The Daily Beast, the NYT):
Scalia had balanced the court. Appointments of Gorsuch and Kavanaugh do not necessarily unbalance the court. It is the loss of the next justice that could unbalance the court especially if that is a Trump effort at replacing Ginsburg. The whole point of a balanced court is to respect both our constitution and our society.
The NYT writer is completely wrong in ascertaining that the Senate vote represented minority will. The Senate confirmation votes for the last 2 justices reflect a majority will- so the writer contradicts himself.
Opinion | The Supreme Court’s Legitimacy Crisis
"It’s not about Brett Kavanaugh’s alleged behavior. It’s about justices who do not represent the will of the majority" - Michael Tomasky
The writer is simply wrong. The court is NOT supposed to represent the will of the majority. It is supposed to interpret laws in the light of the Constitution, which inevitably will make it unpopular. Remember that the laws they are adjudicating are written and passed by legislators who DO represent the will of the majority of those who elected them. The court is not supposed to consider the popularity of the laws placed before them.
And yes, if Trump gets a chance to replace Ginsburg and nominates a conservative judge, it will get very ugly, very fast. What they did to Kavanaugh will seem like a walk in the park.