A great thing (usually) about retirement is taking part in activities and events that those who must work full time often can’t. Last week, I eagerly checked out the live coverage of the multiday confirmation hearing of Judge Brett Kavanaugh, President Donald Trump’s Supreme Court nominee to replace newly retired Justice Anthony Kennedy.
A former law clerk for Kennedy, Kavanaugh, 53, has served 12 years on the the District of Columbia Circuit Court of Appeals, which is often called the nation’s “second most powerful court.” He’s known as an “originalist” for his firm adherence to interpreting the U.S. Constitution’s meaning at its enactment and a “textualist” for faithfulness to statutes as adopted. He also is firm in applying precedents when handing down rulings.
Twenty-six state attorneys general have signed a letter endorsing Kavanaugh, noting he “demonstrated an abiding commitment to the principles and freedoms on which our country was founded, and an unshakable respect for the proper role of the courts within our constitutional structure.”
The letter also points out his recognition of the balance of powers and states’ rights in legislation and policy.
Accolades also have included the judge’s integrity. But though there seems lots to recommend him, Kavanaugh also has detractors … some so loud it was difficult to keep track of what was going on. Numerous disruptive protesters were arrested during the hearing by capitol police, some dragged out.
The yelling and shrieking from the public gallery even made it difficult at times to hear what some senators were saying into their microphones. At least one asked Senate Judicial Committee Chairman Chuck Grassley (R-Iowa) if something couldn’t be done about “the loudmouth” that persisted in yelling over him, making it nearly impossible for the senator to finish what he had to say.
From the get-go
In fact, as soon as Grassley began his Day 1 opening statement, fellow senators who wanted the hearing delayed, began interrupting him.
Kavanaugh’s wife and two daughters sat proudly nearby. But as the contention — and the tension — continued mounting, Mrs. Kavanaugh escorted their children out of the room.
Though all committee members had received copies of more documents regarding Kavanaugh’s background than all five of the most recent previous nominees together, some demanded more, claiming they were being “withheld.”
Minority Leader Chuck Schumer (D-N.Y.) made it clear he would fight Kavanaugh’s confirmation “with everything I have.” His fellow Democrats are holding him to it.
But “you are failing us,” 13 groups, including Justice Democrats, Women’s March and Daily Kos, who don’t want to see Kavanaugh on the Supreme Court, penned in a letter to Schumer.
They’d like Kavanaugh’s confirmation delayed at least until November’s midterm elections. If he’s confirmed this month, Kavanaugh will be on the bench by the start of the next Supreme Court term, beginning Oct. 1.
Some senators were angry that Kavanaugh declined when asked for potential rulings in specific kinds of cases. Justice Ruth Bader Ginsburg has long — and strongly — held that the justices should never speculate about a ruling in any kind of anticipated case. That’s now referred to as the “Ginsburg Rule.”
‘Spartacus’ moment?
For me, Sen. Cory Booker (D-N.J.) added to the surreal proceedings on Day 3, announcing he was going to knowingly and purposely break a Senate rule that could get him “ousted” by releasing confidential Kavanaugh emails that had nothing to do with national security.
“This is about the closest I’ll probably ever have in my life to an ‘I am Spartacus’ moment,” Booker said.
(In the 1960 movie “Spartacus,” Kirk Douglas plays the title character, an escaped slave who leads a revolt against the Romans. His followers put their lives on the line to hide Spartacus’ identity, each famously proclaiming, “I am Spartacus.”)
However, the emails had been released to the public the previous evening, and some say Booker knew that.
Is he lying? And even if not, was he really willing to break a Senate rule? Some say he was grandstanding for a potential run at the presidency.
I was especially shocked by the blatant rudeness and obvious hatred expressed by so many. What seems to me also their utter selfishness and self-seeking wouldn’t have been tolerated by anyone of any age in past decades, even in 2-year-olds. Some online posts have referred, appropriately I think, to their “wanting their diapers changed.” I think it’s much worse, though.
Toward the hearing’s end, Sen. Lindsey Graham (R-S.C.), referred to the days of bitter contention:
“People wonder, are these hearings turning into a circus? I want to defend circuses,” he said. “Circuses are entertaining, and you can take your children to them.” But, he lamented, “this hearing is neither entertaining nor appropriate for young people.”
