The Nomination of Brett Kavanaugh to the Supreme Court

I have had the good fortune to be able to listen to some of the hearings the last several days on the XM radio in my car, some of the hearings live. From what I hear and can tell, it looks like Kavanaugh will be approved within a few weeks and his nomination confirmed by the full Senate prior to the mid term elections.

While some of his detractors may have some valid points or concern, I think that the Democrat party, of which I am a member, is spending a lot of political capital on a fight that they can not win and would not expect them to win for several reasons.

1: Instead of saying why Kavanaugh should not be confirmed, no one has said who should be confirmed. I think that a better tactic than attacking every possible angle with Kavanaugh would have been to find or propose someone else that would be at least equal or more capable as a Supreme Court judge. Throughout the entire process, no one seems to have proposed anyone else as a nominee for the court. If someone else was proposed, and that person was more capable, then stopping Kavanaugh might be possible; but as it is now, it is highly unlikely.

2: Complaints about ‘not all of the documents have been released’. Opponents have been complaining that all kinds of documents were not released, but most, if not all, of those documents were work Kavanaugh did for an administration. As such, they would be privileged and can’t be released unless the administration agreed to waive privilege. While some have questioned such an executive privilege, it would seem to me that any legal work Kavanaugh did as part of an administration would be like that of an attorney with his client or as an employee of the executive branch covered by executive privilege. As such, it is not up to Kavanaugh as to whether or not to release the documents, it is up to the administration. While the administration can waive the privilege, and there is precedent that Regan did for a nominee, I can’t see anyone doing that in the current hostile political climate. In one part of the hearings I believe it was mentioned that something like six or seven million documents have been released so far. Just exactly what does anyone think are going to be in any additional documents? Kavanaugh has worked and published for years plus even clerked for judges so there is a more than ample body of work to examine by the committee.

3: Kavanaugh is a ‘boy scout’. If you have the time, I would recommend you watch the nomination hearing for when Kavanuagh was up for the DC Circuit.

MAY 9, 2006 Judicial Nomination Hearing

While I did not get to watch the whole thing, it was, what one can only describe, as a beautiful performance. He already at that point in 2006 had a long list of achievements and his wife and relatives were present in the audience, which he made reference to. Kavanaugh has had an exemplarily background and decades of experience that shows he is fully qualified to serve. This constant trying to slow down the process only makes the party look ineffective and even petty with the constant motions trying to delay the process for no good reason.

4: Last minute attempt to say there is something in Kavanaugh’s background and the process should be stopped.

Kavanaugh “Categorically And Unequivocally” Denies Sexual Misconduct Claim; White House Backs

I am of course, referring to the allegation by Senator Feinstein saying that there was someone from back in High School that Kavanaugh had acted improperly with. Feinstein refused to provide details and refused to bring forth the accuser. This, of course, has now all blown up on the Democrat party since one is to believe that throughout these years, and the prior nomination process, no one ever thought to say or report anything. But now that Kavanaugh is within weeks of being confirmed to the Supreme court, now all of a sudden someone decides to ‘report’ an incident to Senator Feinstein. The senator refuses to give any details all the while claims the process should not go forward until ‘all’ of the documents are presented to the committee. Even worse for the Democrat party, a statement from 65 women who went to school with Kavanaugh now state that they knew him and never knew or heard of him ever doing anything improper.

65 women of bipartisan backgrounds who knew Judge Kavanaugh in high school:

Quote from the letter by the 65 women to the committee:
“We are women who have known Brett Kavanaugh for more than 35 years and knew him while he attended high school between 1979 and 1983. For the entire time we have known Brett Kavanaugh, he has behaved honorably and treated women with respect. We strongly believe it is important to convey this information to the Committee at this time.”

While I can understand the ‘politics’ of trying a routine like this by a party, this is a beyond stupid thing to have tried. Senator Fienstein and her cohorts trying to stop the nomination now have to disclose the identity of the woman making the charge, otherwise it will look like they are at best, completely wrong, and at worst, out and out right lying to stop the nomination.

If this is the best my party, Democrat, can do at this date, it would be best for all if they would just simply stop what they are doing and let the nomination go through. At this rate I would not be surprised if this kind of behavior starts to cost the party seats in the upcoming mid term election and even result in a net loss of seats to the Democrats.

Louis J. Desy Jr.
Friday, September 14, 2018

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