Thirty years. Associate Justice Anthony Kennedy spent thirty years on the Supreme Court. In his final year on the court, the Supreme Court ruled on seventy five cases. Each of those cases will likely impact decades if not centuries of law in the United States.
As we consider seating Justice Kennedy's replacement, this past weekend has made many question how the Ford-Kavanaugh hearing impacts who the next Justice of the Supreme court will be. For most, there is little to debate about Dr. Ford's testimony. You likely either believe her or you do not. So that leaves Judge Kavanaugh's testimony. He began with an abrasive serious of barrages on the democrats on the committee and then continued during the questioning period to misdirect of refused answer many of the questions.
I have thought over the last few days about what I took from his testimony. I have heard a great number of people say how this was an "emotional response," that if I was falsely accused I might act the same way.
First off, I believe it's important to remember that we must hold Supreme Court nominees and justices to the highest standards. Not only because they are a lifetime appointment, but because their rulings can last centuries. We don't want justices making emotional decisions. We want justices with a superhuman knack for being focused on justice and the law. They need to be able to (as much as possible) set aside their own biases, their own experiences and focus on what is equitable, just and what is the law.
We don't want justices playing political games(as Kavanaugh did during that hearing). The supreme court must strive to be as anti-political as possible.
My last point is that this wasn't a spur of the moment emotional reaction as some seem to believe. This was a planned response to the power of Dr. Ford's testimony. This was the man who used to prep supreme court justices for the Bush administration. He made a calculated decision in his opening statement and his responses to questions. His statements had an intended response, to take the conversation away from how credible Dr. Ford sounded and whether or not her allegations might be true, to is this a political stunt by democrats. His point was to rally the troops of the GOP. It wasn't to say I'm innocent, it was to play into Graham/McConnell/Grassley's hands. He did not want the focus of his testimony to be picking apart the facts of the case, which is why he refused to answer so many of the questions.
If he wanted to say "I'm innocent" and I'm an open book willing to prove my innocence, you answer every question as clearly as you can. You are willing to submit to the FBI investigation without a second thought. That was not his desire.
That was not his response. His response was to try to allow the committee to do whatever they could to push his nomination through, by circling the GOP wagons around himself by attacking the "enemy."
Monday, October 1, 2018
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