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Three thoughts on the first week of hearings on Judge Brett Kavanaugh’s nomination to the Supreme Court

by | Sep 10, 2018

By Dave Andrusko

A few quick thoughts entering week two of Judge Brett Kavanaugh’s confirmation hearings.

#1. Former judge on the U.S. Court of Appeals for the 10th Circuit Michael W. McConnell was, of course, 100% correct when he wrote over the weekend that pro-abortion Democratic opponents of Judge Kavanaugh should “Look past the politics — Kavanaugh superbly qualified for the U.S. Supreme Court.”

Naturally, they won’t, but McConnell’s conclusion is worth considering:

If Kavanaugh is unacceptable as a justice to liberals and Democrats, no Republican nominee would pass muster. As sure as tit-for-tat, the result would be that no Democratic nominee in the future will be evaluated on his or her judicial merits, either. That would be a sharp departure from the times when Justices Ginsburg could be confirmed 96-3 and Antonin Scalia 98-0. The effect on our judicial system and our ability to survive.

#2. Adam Liptak’s New York Times’ account fairly bristled with hostility toward the nominee, a story replete with observations and characterization that once upon a time you’d expect to find only on the editorial page. He wrote that “Judge Kavanaugh seemed wary of possible traps,” when a fairer account would have noted the questions were intended to do just that: demand categorical answers he could not possibly give since the questions were context-free.

Liptak did manage to note (once) that “Shouting protesters interrupted the hearings at regular intervals” and that (according to Lori A. Ringhand, a law professor at the University of Georgia) “the hearings were the most contentious since 1991, when Justice Clarence Thomas faced accusations of sexual harassment.”

So, all in all, protestors are allowed to scream in the background and pro-abortion Judiciary Committee Democrats get to attempt to set traps for the nominee, all the while charging Judge Kavanaugh with numerous and sundry offenses but offering zero evidence.

#3. On Friday pro-life Senate Majority Leader Mitch McConnell (R-Ky.) tweeted that when the justices begin their new term on October 1, Kavanaugh would be in his place on the bench. “Judge Kavanaugh’s judicial temperament and brilliance were on full display during this week’s hearings,” McConnell tweeted. “He will make an excellent Supreme Court Justice.”

#4. Which does not mean that the brickbats and hysteria-mongering, orchestrated by the likes of pro-abortion senators Cory Booker (D-NJ) and Kamala Harris (D-Ca.) will let up. Not by a long shot.

As we have learned in previous pro-abortion attacks—successful against Robert Bork, unsuccessful against Clarence Thomas—there are no depths to which pro-abortion Democrats will not sink in an attempt to derail a nominee they oppose.

Categories: Supreme Court