Why Kavanaugh Must Not Get on SCOTUS: 4 Reasons
After I posted something opposing Brett Kavanaugh’s nomination, I received this comment from someone who prefers not to be named:
I voted for Hillary and most Democrats. Hillary lost. Trump won. The Republicans won. They get to govern and part of governing is choosing and confirming a judges. You can voice opposition, but when you are not in the majority, there is little else you can do. You are best advised to stop tilting at windmills with meaningless protests, petitions, and propaganda and instead find better candidates, finance them, work your precincts, get out your vote, win your elections, and become the majority again.
This is my response:
1. A little history lesson. Judges on both sides of the spectrum have been successfully blocked if enough people see them as extremist. Nixon failed to get Hainsworth and Carswell. LBJ couldn’t get sitting SCOTUS Justice Abe Fortas into the Chief Justice seat. Reagan failed with Bork.
2. Kavanaugh’s positions on presidential power alone disqualify him as extremist. He wants to preclude any possibility that DT can be held accountable for his many crimes. Even some Republicans are saying Helsinki was treasonous. And DT was fully aware on the day he took office that he was violating the domestic and foreign emoluments clauses of the Constitution. And then there are DT’s consistent violations of so many other laws. (Click here for a listing of specifically criminal activity and here for an Atlantic Magazine piece on DT scandals, many of which involve criminal activity; both contain several source links–and both were published well before the current kerfluffle.) Since he is an Executive Branch absolutist, it would not surprise me if Kavanaugh even wanted to overturn 215 years of precedent and say that the courts have no power to declare something unconstitutional–something John Marshall created as Chief Justice during Thomas Jefferson’s presidency in his ruling in Marbury v. Madison, 1803 and does not actually appear in the Constitution. Right now, the courts are our best check on executive overreach or criminal behavior other than public pressure.
3. Lawrence Tribe, noted legal scholar, has stated that a president under investigation should not be allowed to appoint the person who will ultimately decide his fate. This has gained some traction and makes more sense to me than attempting to use the despicable McConnell precedent that allowed the theft of one seat from the Democrats (with the cooperation of Obama, who should have fought it much harder).
4. You talk about majorities. Let’s remember that even as weak a candidate as she was, Hillary won the popular vote with about 3,000,000 more than DT. If that group were a city, it would be bigger than the in-city-limits population of every city in the country other than NYC or L.A.. Bigger than Chicago or Houston, nearly twice as big as Philadelphia.
