An Attempt To Bork Kavanaugh

Robert Bork would have made a fantastic Supreme Court judge. He was brilliant and understood the U.S. Constitution. Unfortunately he was blocked from being a Supreme Court Justice because of the antics of that bastion of virtue Ted Kennedy. A similar tactic was tried on Justice Thomas, but it didn’t work. Justice Thomas, thankfully, sits on the Supreme Court. Now the attempt is being make to prevent Judge Kavanaugh from being confirmed. It is an ugly attempt, and hopefully it will fail.

The Daily Caller posted an article yesterday detailing the problems with the Democrats’ case against Judge Kavanaugh. Diane Feinstein has come up with a letter charging Judge Kavanaugh with inappropriate behavior when he was in high school. In the article, Kimberley Strassel of the Wall Street Journal listed the problems with the accusations against Judge Kavanaugh:

Strassel began by pointing out reports from the New York Times that suggested Feinstein had at least been aware of the letter’s existence since summer — and argued that if the accusation was truly damning enough to warrant an FBI investigation, it would have been reason enough for Feinstein to present it to authorities immediately.

…Strassel went on to question whether a letter concerning enough to warrant a federal investigation should have been shared with Senate Republicans, who, just like their Democratic counterparts, were charged to “advise and consent” with regard to Kavanaugh’s nomination. Additionally, she suggested that if the accuser had explicitly stated a request to not take things further, Feinstein could be betraying that trust by going to the FBI.

…Finally, Strassel argued that the timing of the letter’s introduction into public discourse “cannot be ignored” — it was made public only after Senate Democrats made numerous attempts to stall or delay Kavanaugh’s hearings, all of which were shut down.

Approval of nominees is supposed to be based on the qualifications of the nominee. Unfortunately in recent years, it has become extremely political. I firmly believe that barring unusual circumstances, a President is entitled to appoint the people he chooses. That courtesy was extended to President Obama, who appointed Sonia Sotomayor and Elena Kagan to the Supreme Court. The appointment of Merrick Garland was blocked according to the ‘Biden Rule’ put in place under George W. Bush. The Democrats invented the ‘Biden Rule’ to block an appointment by President Bush. It is only fair that they got hoisted on their own petard.

I believe that the Democrats need to confirm Judge Kavanaugh. Their stall tactics are only creating bad feelings that will come back to bite them in the future.

 

The Behind The Scenes Battle To End Obamacare

days Elena Kagan since 2010

Image via Wikipedia

Rick Moran at the American Thinker posted an article today about the Department of Justice’s refusal to release documents requested by forty-nine members of Congress regarding Supreme Court Justice Elena Kagan’s involvement with ObamaCare during her term as Solicitor General in the Obama Administration.

The article reports:

…Four months later the Justice Department wrote back declining to produce the documents. In that letter, Assistant Attorney General Ronald Weich explained that the department has “grave concerns about the prospect of a congressional investigation into the pre-confirmation activities of a sitting Supreme Court Justice.” Justice Kagan, he added, had addressed the issue of her ObamaCare involvement during her confirmation hearings.
Since I suspect that one of the reasons Justice Kagan was nominated to the Supreme Court was her involvement in Obamacare (and I suspect the Obama administration knew ObamaCare would eventually wind up at the Supreme Court), there is no way the administration is going to do anything that might possibly cause Justice Kagan to have to recuse herself.
The article concludes:
This is crucial. If Kagan doesn’t vote, and 4 to 4 tie resulted, the vote would uphold the decision of a lower court judge that Obamacare’s individual mandate is unconstitutional. Obviously, Kagan can count noses on the court too which is why she will refuse to recuse herself.
This could be an interesting battle.

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