A Squad Of Nine, Non A Squad Of One

With the vote on Judge Kavanaugh's nomination looming, I idea I'd lay out my views. Prior to doc Ford's allegations, I was inwards favor of confirmation. I accept changed my mind.

The commencement matter worth noting is that I accept favored every Supreme Court nomination made since I became a police trace professor inwards 2001 relieve one--Harriet Miers. Thus, I don't attention if a nominee is a liberal or a conservative, or whether he or she supports Roe v. Wade. The lawsuit for me is whether the nominee volition move practiced for the Supreme Court every bit an institution.

Why did I oppose Harriet Miers? The answer is that afterwards reading her writings in addition to considering her experience, I concluded that her confirmation would wound the Court past times lowering the character of its work. She did non have a fair process. She never got a hearing; a fact many people conveniently ignore now. Evidently President Bush in addition to the Senate did non watch that unfairness relevant. I get upwards this because I mean value whether Judge Kavanaugh was treated fairly or non is beside the point.

I am willing to laissez passer on Judge Kavanaugh every do goodness of the doubt. Let's enjoin he's innocent. Let's enjoin that his testimony was strained past times the stress of beingness wrongfully accused. His confirmation, though, volition wound the Court. The fact that he felt compelled to write an op-ed yesterday proverb that he would move an impartial approximate is a problem. As Stephen Bainbridge pointed out concluding night, it's similar President Nixon having to enjoin that he was non a crook. Influenza A virus subtype H5N1 substantial percent of Americans volition believe that Judge Kavanaugh is non impartial, in addition to a substantial percent volition believe he assaulted doc Ford.

Judge's Kavanaugh's confirmation volition harm the Court inwards concrete ways. I am non only concerned that people volition "lose faith" inwards the Court inwards to a greater extent than or less abstract sense. As I mentioned inwards a prior post, in that place is a practiced gamble that the House Judiciary Committee volition initiate an impeachment inquiry against the Justice adjacent year. This investigation will, nether the measure prepare forth past times Justice Fortas that I quoted inwards to a greater extent than or less other previous post, seat dandy in addition to unnecessary stress on Justice Kavanaugh in addition to on the Court's work. There volition also many recusal motions filed against the Justice, which volition do uncertainty inwards many cases in addition to shape dubiety on to a greater extent than or less of his decisions. And in that place volition move many disruptive protests at oral argument. It's non a pretty picture.

That said, I recognize that Senators brand decisions based inwards business office on the views of their constituents, which may move unlike from mine. Judge Kavanaugh may move confirmed. In that instance, I accept to promise that I am wrong. Many Americans were upset that a quondam fellow member of the Ku Klux Klan was confirmed to the Supreme Court inwards 1937. Justice Hugo Black thence gave a political in addition to non terribly candid defense forcefulness of himself inwards a national radio address. And nevertheless he turned out to move 1 of the greatest Supreme Court Justices, inwards business office because he spent the adjacent thirty-four years repudiating what the Klan stood for inwards his opinions. Perhaps Judge Kavanaugh volition evidence his impartiality over many years, in addition to demonstrate that he believes inwards blind judge rather than blind ambition.