Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

September 5, 2018

Eminently Qualified Kavanaugh Facing Hostile Democrats

Since Robert Bork’s “borking” 30 years ago, Senate Judiciary Committee hearings for a high court nominee by a Republican president have become predictable.

Since Robert Bork’s “borking” 30 years ago, Senate Judiciary Committee hearings for a high court nominee by a Republican president have become predictable.

Democrats, who favor a “living Constitution,” meaning whatever they think the founding document ought to say, are pitted against “originalists,” who believe the document speaks for itself and should be taken as something only slightly less compelling than holy writ.

The hearings for Brett Kavanaugh are following the script with one addition. Democrats, who know they are unlikely to block Kavanaugh’s confirmation, are using it to stimulate their base ahead of the November election.

Time was when a “well qualified” endorsement by the American Bar Association, which Judge Kavanaugh received, was enough for most senators to vote in favor of a nominee. Not in a day when politics has invaded even funerals.

It’s amusing to read and watch how the media have tried to set up the hearings. A New York Times story worries that President Trump could “flip” the Supreme Court and slow down or reverse its move in a liberal direction. That’s the point of elections, isn’t it?

Democrats may also rue the day they got behind former Senate Majority Leader Harry Reid’s successful effort to invoke the “nuclear option,” allowing federal judges to be confirmed by a simple majority vote, rather than 60 votes, which had been the previous marker. Reid’s efforts did not include Supreme Court nominees.

Senate Majority Leader Mitch McConnell last year broadened the rule to include them. The Republican majority likely has enough votes to confirm Kavanaugh and might even get a Democrat or two on board, especially those who face tough re-election bids in states that Trump won.

If “impeccable” defines anything, it defines Judge Kavanaugh’s record as a jurist. While Democrats and the secular progressives who have recently organized demonstrations against his confirmation will try to paint him as a die hard, right-wing ideologue, his record says otherwise.

Kavanaugh issued more than 300 opinions as a judge on the D.C. Court of Appeals, most of which appeared non-controversial at the time. That he read the law correctly can be seen in the Supreme Court’s endorsement of his positions – 13 in the cases that were appealed to that bench. While Democrats on the Judiciary Committee complain they haven’t received all the documents they wanted – clearly a slowdown tactic – their staffs have reviewed more documents than any previous nominee to the Supreme Court.

The real focus of these hearings for Democrats will be on social issues and whether Kavanaugh believes all Supreme Court rulings are sacrosanct and must be respected. Primarily that means abortion, same-sex marriage and the remnants of Obamacare.

Using that argument, the Dred Scott decision that decided African-Americans had less value than whites and Plessy v. Ferguson, which said separate but equal facilities were OK by the Constitution, would still be the law of the land. When one is headed in the wrong direction, the worst decision is to keep going, instead of turning around.

Will Sen. Dianne Feinstein (D-Calif.) allude to Kavanaugh’s Catholic faith during the hearings? She did at last year’s confirmation hearing for Amy Coney Barrett to the 7th Circuit Court of Appeals. Feinstein employed an old anti-Catholic stereotype that claims Catholics are unable to separate church and state because they place their religious allegiances before their oath to the Constitution.

Favorite lines on opening day: “The Senate is the conscience of America,” uttered by Sen. Patrick Leahy (D-Vt.). Say what? And Sen. Richard Durbin (D-Ill.), claiming that people in his state ask him, “Are we going to be all right?”

Kavanaugh enjoys bipartisan support outside the Senate, but that won’t matter. It’s all about politics now, not the Constitution or the law. Kavanaugh is likely to win confirmation, but the behavior of some senators may further sour the public’s view of Washington.

Whether the hearings will affect voter turnout in November is unknown. Pollsters predict doom for Republicans, but their record of failure with past forecasts (note the 2016 election) does not give them much credibility.

© 2018 Tribune Content Agency, LLC.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.