More On Kavanaugh (If You Lot Tin Hand The Sack Stand Upward It)

I was asked past times my immature lady (and others) why I did non sign the missive of the alphabet opposing Kavanaugh's nomination.  It's sure as shooting non because I'm non vehemently opposed to confirming him.  Nor tin I blame it exclusively on learning quite belatedly close the existence of the letter.  Rather, I believe that the "judicial temperament" complaint, though real, is besides something of a reddish herring.  Not only is it hard precisely to figure out what that entails.  But it is besides opened upward to the pervasive game of "whataboutism," equally with Justice Ginsburg's openness close her appalled opposition to Donald Trump equally a possible president.  A few people on the left noted that that was a really stupid thing to do, prudentially, but no 1 suggested for an minute that that should seat her tenure on the Court inward query or atomic number 82 her to recuse herself inward whatever instance involving Donald Trump's assertions of executive power.  Secondly, what 1 powerfulness tell close Kavanaugh is only that he was unusually opened upward inward his partisanship.  But equally someone who has described the electrical flow Republicans on the Court equally "running dogs of the capitalist empire," I scarcely believe that judges neglect to convey with them to the Court a serial of political priors that are pervasively evidenced inward many of their opinions.  Jack too I accept distinguished betwixt "low politics" too "high politics."  I opposed Kavanaugh from the really commencement because I remember his "high politics" include, with other things, a unsafe grade of deference to executive power, non to mention, of course, his hostility to reproductive selection (although I believe that, equally an exercise of "low politics" commanded past times his loyalty to the Republican Party, he volition select to strangle Roe past times finding all regulations to hold out "reasonable" too non "undue burdens" on women rather than to overrule Roe too brand the Republican Party seize with teeth the bullet on the grade to which it's actually willing to criminalize abortion).  But, equally already suggested, I believe that Democratic nominees besides convey with them their ain political priors (which I detect to a greater extent than compatible).  What is implausible for whatever nominee is Clarence Thomas's claim that he would "strip downward to his running clothes" too only shed whatever political beliefs he powerfulness previously accept expressed.  That beingness said,  I produce remember that he has besides exemplified a grade of dishonest opportunism that farther disqualifies him, too I would happily accept signed a missive of the alphabet that had focused to a greater extent than on that.

For example, why shouldn’t his White House remarks hold out plenty to serve equally disqualifying for anyone who is really undecided?  A. He clearly was lying, without a modicum of excuse salvage pandering to his patron, when he praised Trump for conducting a comprehensive nature search for a novel justice. No halfway honest soul could mayhap accept said that.  It bespoke a deep graphic symbol flaw of sycophancy too opportunism. Wouldn’t it accept been sufficient to give cheers Trump for this human face of confidence too allow it operate at that?  B. Although the Constitution ostensibly prevents enquiry into religious views—and I accept been thoroughly castigated for suggesting that it is reasonable to inquire someone who presents religious beliefs equally fundamental to his/her identity precisely what that means—he made his Catholicism forepart too see equally a argue to back upward him (and to process Roe as, at most, an inconvenient hurdle to overcome, whether or non to hold out overruled).  Susan Collins is only a fool to trust Kavanaugh.  Daniel Webster, inward his Seventh of March Speech justifying his back upward of the Compromise of 1850, at to the lowest degree could plausibly claim to hold out trying to salvage the Union.  Collins has no excuse whatsoever for her submission to the tyranny of Donald Trump too Mitch McConnell.  She deserves all of the obloquy that was visited on Webster, who had the integrity to resign from the Senate (and too then operate Secretary of State).  I'm sure that Trump could detect her a dainty province to operate ambassador to.  But that's a bitter digression, too I straightaway provide to Kavanaugh.  My ain see is that Kavanaugh's ostentatious emphasis on his Catholicism was only purpose of his thoroughly contrived exercise inward impression management. Whatever 1 idea of Robert Bork, whose confirmation I opposed, he was a paragon of honesty inward the mode he presented himself. Unfortunately, the lesson learned from that was the importance of deception inward self-presentation, too Kavanaugh gave us a master copy class inward what fifty-fifty some of his champions are honest plenty to acknowledge were some “deceptive” answers fifty-fifty if, perhaps, non perjury equally a thing of law.  (My ain see is that a Democratic House inward Jan should operate impeachment proceedings based on his dishonest answers to a multifariousness of questions.)  

I’m commencement to remember we’d hold out just equally good off past times returning to the erstwhile do where nominees remained soundless too allow their champions too detractors duke it out. The only thing the contemporary procedure does, regardless of whom we’re referring to, is to diminish the abide by for (and I suspect this includes self-respect) smart too talented individuals who accept to spout nonsense close beingness umpires too their devotion to some barely analyzed notion of “the dominion of law” or abide by for (some) precedents too to renounce the fact that their life experiences (including “empathy”) powerfulness hold out relevant, along with whatever constitutes legal logic. It is equally if Holmes never wrote The Common Law or The Path of the Law.

But the most of import begged query left opened upward past times the letter--and this would accept been truthful fifty-fifty if it emphasized to a greater extent than his fundamental dishonesty too lack of character--is what now.  My immediate inclination is to hope that a 1000000 men too women volition march on Washington to close the Congress down.  It is, inward many ways, no to a greater extent than legitimate than was the British Parliament inward 1775.  And Alexander Hamilton, at to the lowest degree equally presented past times Lin Manuel-Miranda, called on his boyfriend Americans to "rise up" against an illegitimate government.  As Michael Tomasky reminds us inward this morning's New York Times, borrowing (with attribution) from a newspaper past times the political scientist Kevin McMahon, Gorsuch too Kavanaugh stand upward for the foremost fourth dimension inward our history that someone has made it to the Supreme Court afterward beingness nominated past times a president who did non accept bulk back upward from the electorate AND was confirmed past times senators representing less than a bulk of the the United States population.  There is no serious feel inward which our introduce organization tin hold out described equally congruent with 21st century notions of republic (by which I produce non hateful unimpeded bulk rule).  But the most serious declaration against civil disobedience is non its immorality or illegality, but, rather, the existent probability that our fascistic President would utilization it equally an excuse to declare martial constabulary too to farther the unsafe slide toward full-scale authoritarianism.  So the right class powerfulness hold out to rest relatively quiet.  But that is non inward the to the lowest degree because nosotros should hold out "good sports."  This represents a rape (and I utilization that give-and-take advisedly) of anything congruent with a Republican Form of Government, unless that is translated into authorities past times power-mad Republicans.