In watching the coverage of the U.S. Senate hearings on the appointment of Judge Brett Kavanaugh to replace Justice Kennedy on the Supreme Court, I can only be embarrassed for our country. Basic rules of decorum, civility, respect, and fairness are all shunted aside as many are not concerned about Judge Kavanaugh’s background, education, experience/decisions, integrity, and personal character . . . their only concerns are to disrupt and destroy a highly qualified candidate. The disrupters are afraid that a decent man of impeccable character, with an exemplary record of judicial achievement will refuse to “make law” from the judicial bench.
People of Judge Kavanaugh’s character and commitment to the Constitution and the law, will insist that laws be developed in the legislative branch and approved by the executive branch, and not be made by the judiciary. And, when the constitutionality of such laws is questioned, the judiciary will make the decision as to whether the law complies with the Constitution and previous decisions by the courts — “precedent.” When such laws do not meet those standards, they are to be returned to the legislative branch for their appropriate action.
In most cases “protests” by groups are not spontaneous, they are planned and orchestrated. Sadly, almost continual interruptions are made by protestors who scream and shout while the questioning of the candidate is going on. Those events cause temporary interruptions of the process and may cause the candidate personal concerns not only for his own safety, but also for the safety of his family.
Also, of concern is the Democrats' persistent disruption of the interview process. As part of the preparation for Judge Kavanaugh’s hearing, it appears that the Senate Committee received more documents for this candidate than were received for the five previous judicial nominees combined. And, a substantial number of documents have been provided as “Senate confidential.” These documents may be provided by previous presidents for the Senate only and, in accordance with Senate rules and in agreement with previous presidents, are not to be shared with the public. (It should be noted, that a previous president may opt to not provide such documents and retain them as “executive privilege”.) If that agreement is breached by any member of the Senate, he or she may be subject to dismissal from the Senate.
During the interview process with Judge Kavanaugh a number of Democrat senators have indicated that, in defiance of the Senate rules and the presidential agreements, they were going to release some of the documents provided by the George W. Bush administration. Within an hour, some documents were released showing some of the concerns the White House was dealing with shortly after the “9-11” terrorist attack. Sadly, the Democrat senator immediately tried to make a negative racial issue out of the documents where none existed . . . that senator supposedly wants to run for president in 2020. Another Democrat senator is one who, while running for office, claimed to have been in Vietnam but, in fact, he wasn’t ever in Vietnam but was in this country, in the reserves.
I mention these two senators because they are willing to violate laws-rules-agreements in an effort to smear a man of integrity because of their desire to put their self interest before honesty and integrity. Further, with all the “grand-standing” by Senator Booker, it turned out that he was not being honest about being willing to face dismissal for releasing to documents as, during his bravado charade, he didn’t acknowledge that President Bush’s representative had already given him permission to release the documents.
From what I have seen and heard so far, Judge Kavanaugh is brilliant and his breadth of legal recall is exceptional. Regardless of the question concerning a wide variety of legal issues, he seems to not only able to provide a legal opinion, but he can cite the Constitution, law, or legal precedent that formed his decision. However, the Judge’s ability to honestly recall and factually answer questions posed to him are not what the Democrat senators want. They want to find something, anything, that they can conflate into an issue to defeat him.
The bottom line from all of this is clear, Democrats prefer to have difficult issues passed up to the Supreme Court, where as few as five Justices can essentially make a law. It appears that is preferred over having to go through the rigor of having to get both houses of Congress to pass a law and having the president sign the bill, authorizing it to be enacted. Judging by the number of questions posed concerning the “Roe v. Wade” Supreme Court decision that legalized abortion, it appears that the Democrats number one item is to not have to face up to the rigors of having to develop an abortion authorization law.
Sad to see that the divisions in our country start with our elected officials at the top . . . and those division magnify and spread all the way down to our local communities. Hopefully, a sufficient number of Senators will vote to confirm Judge Kavanaugh’s nomination. It would be nice to give civility a rebirth.
(Bob Meade is a Laconia resident. He may be reached at firstname.lastname@example.org)