Some Thoughts On Brett Kavanaugh

Investor’s Business Daily posted an editorial today about some of the reactions to the nomination of Brett Kavanaugh as a Supreme Court Justice. Some of the attacks on this man by the political left are so ridiculous they are funny.

The editorial cites one example of the attacks:

The Washington Post red-flagged the fact that Kavanaugh racked up nearly $200,000 in credit card debt to buy season tickets to the Washington Nationals baseball team and also for “home improvements.”

A big chunk of change, to be sure. But…what? It’s a bit hard to argue Kavanaugh wasn’t gainfully employed. The Post further makes a big deal that Kavanaugh’s most recent financial form shows less than $70,000 in assets. Sound poor? Does that disqualify him from service on the Supreme Court? Do we now have an asset test for all Court nominees?

What’s absurd about the “assets” is they don’t include his six-figure income and generous pension from being a federal judge. Nor does it include the value of his home. We don’t know what those are, but we’re pretty sure the net value of both is well north of $1 million.

It gets worse:

The Post also “reported,” if that’s the word, that Kavanaugh proclaimed himself Treasurer of the “Keg City Club — 100 Kegs or Bust” in his high school yearbook, and referred to the “Beach Week Ralph Club” and “Rehoboth Police Fan Club.”

So, teenage hijinks are now a solid disqualification for service on the federal bench?

Of course, this is all recycled pap from Kavanaugh’s approval process to be a federal judge. It’s mostly all known. Why repeat it? Anything to sully a man’s reputation. After all, recall how both Robert Bork and Clarence Thomas were smeared by the left during their confirmation battles. Together, they were two of the most disgusting and unfair spectacles in American political history.

I that is all the dirt they can find on this man, he totally deserves to be confirmed in the next two months!

Surprising Sanity From The New York Times

The insanity of the political left has reached new heights in recent days, so it was a bit of a surprise when The New York Times posted a very rational article last night praising President Trump for the nomination of Judge Brett Kavanaugh to be the next Supreme Court justice. Contrast this attitude with comments made by ABC’s Nightline before the nominee was named (from Newsbusters):

I suppose we should all be grateful that they at least corrected their initial statement.

At any rate, The New York Times article has a very rational suggestion about the hearings on Judge Kavanaugh’s appointment:

Fair questions would include inquiries not just about Judge Kavanaugh’s past writings and activities but also about how he believes various past notable judicial cases (such as Roe v. Wade) should have been decided — and even about what his current legal views are on any issue, general or specific.

Everyone would have to understand that in honestly answering, Judge Kavanaugh would not be making a pledge — a pledge would be a violation of judicial independence. In the future, he would of course be free to change his mind if confronted with new arguments or new facts, or even if he merely comes to see a matter differently with the weight of judgment on his shoulders. But honest discussions of one’s current legal views are entirely proper, and without them confirmation hearings are largely pointless.

The compromise I’m proposing would depart from recent confirmation practice. But the current confirmation process is badly broken, alternating between rubber stamps and witch hunts. My proposal would enable each constitutional actor to once again play its proper constitutional role: The Senate could become a venue for serious constitutional conversation, and the nominee could demonstrate his or her consummate legal skill. And equally important: Judge Kavanaugh could be confirmed with the ninetysomething Senate votes he deserves, rather than the fiftysomething votes he is likely to get.

A praiseworthy statement from The New York Times.

Sound and Fury

The following quote is from Shakespeare’s Macbeth Act 5, Scene 5:

Life’s but a walking shadow, a poor player

That struts and frets his hour upon the stage

And then is heard no more, It is a tale

Told by an idiot, full of sound and fury,

Signifying nothing.

Actually it sounds like Democratic Party leaders complaining about the retirement of Justice Kennedy.

The Gateway Pundit reported yesterday:

Senate Minority Leader Chuck Schumer immediately pushed back on Trump’s plan to get his nominee to replace Justice Kennedy confirmed before the midterm elections.

Schumer demanded Senate Majority Leader Mitch McConnell (R-KY) abide by the ‘Biden Rule’ when deciding to confirm a Supreme Court Justice.

The ‘Biden Rule’ essentially calls for confirmations to be halted during an election year.

McConnell cited the ‘Biden Rule’ when deciding not to consider Obama’s nominee, Merrick Garland, before the 2016 election. Thankfully, McConnell opened the door for Justice Neil Gorsuch to be nominated by President Trump.

The Republicans should not acquiesce to the Democrats’ demands. Confirm President Trump’s next Justice nominee as soon as possible.

Schumer laughably said if the Senate confirms a Justice during the election year, it would be the “height of hypocrisy.”

Presidential election years are different from midterm election years. Obama’s second SCOTUS nominee, Elena Kagan was confirmed in August of 2010, an election year.

This is nothing more than political posturing in an attempt to motivate Democrat voters in the midterm elections. We can expect all sorts of scare tactics about the Supreme Court taking away our freedoms to follow the initial hysteria.

Whoever the new justice is, he has the possibility of moving us back toward a republic governed by a Constitution rather than by how certain justices feel on any given day.

 

 

 

The Election In November Just Got Even More Crucial

My San Antonio posted an article today reporting that Associate Justice Antonin Scalia, age 79, was found dead of apparent natural causes Saturday on a luxury resort in West Texas.

The article reported the statement by Texas Gov. Greg Abbott:

Texas Gov. Greg Abbott released a statement Saturday afternoon, calling Scalia a man of God, a patriot and an “unwavering defender of the written Constitution.”

“He was the solid rock who turned away so many attempts to depart from and distort the Constitution,” Abbott said. “We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law. Cecilia and I extend our deepest condolences to his family, and we will keep them in our thoughts and prayers.”

The Associated Press quoted Supreme Court Chief Justice John Roberts:

“He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family.”

The Associated Press also quoted former President George W. Bush:

“Laura and I mourn the death of a brilliant jurist and important American, Supreme Court Justice Antonin Scalia. He was a towering figure and important judge on our Nation’s highest court. He brought intellect, good judgment, and wit to the bench, and he will be missed by his colleagues and our country.”

The National Review reported:

It’s been more than 80 years since a Supreme Court justice was confirmed in an election year to a vacancy that arose that year, and there has never been an election-year confirmation that would so dramatically alter the ideological composition of the Court.
[Update: I’ve encountered some mistaken quibbling on Twitter with the first half of the sentence above. Yes, Anthony Kennedy was confirmed in February 1988, but to a vacancy that arose in June 1987. He was nominated in November 1987 — after the Democrats’ defeat of the Bork nomination. The last justice to be confirmed in an election year to a vacancy that arose that year was Benjamin Cardozo — confirmed in March 1932 to a vacancy that arose in January 1932.]

Justice Scalia was an important figure on the Court. He believed in the U.S. Constitution and took his oath to uphold it seriously. He will be missed. It is also easy to predict a contentious battle over whether or not President Obama should be able to appoint a new Justice before leaving office. Letting the next President fill the vacancy would be the gentlemanly, appropriate thing to do, but I am not expecting miracles.