Brett M. Kavanaugh, nominated by the so-called "President" to replace Anthony Kennedy on the Supreme Court, should not be on the Supreme Court. He should not be elected to the office by the Senate and he should not even be allowed hearings this year. My reasons are as follows:
- Kavanaugh was heavily involved in the Clinton impeachment, even encouraging White Water Special Prosecutor Ken Starr toward asking sexually embarrassing and sensitive questions about the Lewinsky affair during Clinton's testimony, and arguing that a sitting President can be impeached for lies, cover-ups, and refusing to testify. Since he's almost assuredly going to take a very different position should impeachment hearings for Trump come to the Supreme Court, he most certainly will be conflicted. If he doesn't recuse himself and then later reverses his previous opinions or otherwise votes in Trump's favor, the nagging question of whether he was doing a favor for the man who nominated him, a person who notoriously demands "loyalty," will forever hang over the decision.
- Kavanaugh was selected and nominated by Trump himself, and every passing day it appears more and more likely that the President is heading to Court, either on criminal charges or impeachment, or both. Trump is obviously aware of this, and anyone implicated in committing multiple felonies should not be allowed to hand-pick his judges before his case is heard.
- This is a major election year for the House and the Senate, and with the election just a little over two months away, the people should get to decide who conducts the hearings on Kavanaugh and who gets to vote on his nomination. By all accounts, there is a "Blue Wave" heading toward Congress, which is exactly why the Republicans want to rush the hearings and get the vote in before Election Day, when a fed-up electorate votes them out of office. Congress denied President Obama his Supreme Court nominee on the grounds that he was in the last year of his Presidency; Congress should be denied the selection of a Supreme Court justice in the closing months of their terms.
Given that Senator John McCain of Arizona tragically will not be with us much longer, and certainly unable to vote and participate in hearings even if he doesn't soon pass, the Republicans no longer have the 51 votes needed to force the hearings. If every single Democrat votes against holding the hearings this year, the Vice President won't be able to break a tie if at least two Republicans (say, Collins and Murkowski) also vote against them. It's still a long shot, and I don't mean any disrespect for Senator McCain, but it's the only hope we've got.
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