“History will be kind to me because I intend to write it” is often ascribed to Winston Churchill. Justice Brett Kavanaugh could do little better in presenting his case for history than this after-action report by Hemingway, a reporter for the Federalist and Severino, a former Thomas clerk and a participant in many of the judicial wars through her work at the Judicial Crisis Network. Justice on Trial is chock-a-block with small, telling vignettes that only a participant or someone with impeccable sources could obtain. For instance, Justice Kavanaugh’s suits being temporarily stored in a neighborhood kid’s treehouse and retrieved for him by the kid to avoid a hostile, untiring, and intrusive press siege of his house. Similarly, the image of Senator Ted Cruz booming out “Treason!” in imitation of what the Democrats were likely to confront Justice Kavanaugh with will stick with the reader.Read more
Under the leadership of Senators Chuck Grassley, Lindsey Graham, James Lankford, and Mitch McConnell, Senate Republicans have been confirming judges at record pace. Democrats have not tried to substantively oppose most nominees (maybe because they are so well qualified) but have attempted to use obscure Senate procedures to do so. An example was the “cloture rule:”
This involves Rule 22, which provides a time consuming process to end debate, a necessary step before the Senate can vote on confirmation. Under Rule 22, even when the Senate votes to end debate, there can be up to 30 more hours of consideration. In the past, the minority party cooperated to informally schedule a final confirmation vote. Today, Democrats will not cooperate on anything, forcing the Senate to use this drawn out process for nearly every nomination, including those with no actual opposition.
The Senate has taken six times as many of these unnecessary cloture votes as during the same period under the previous nine presidents combined. You read that right. Even though the Senate votes to end debate every time, Democrats insist that the clock keep running for those 30 hours of debate after cloture. Even worse, they almost never spend time on the Senate floor actually debating these nominations.Read more
Today, Justice Brett Kavanaugh’s replacement on the D.C. Circuit, Neomi Rao, was confirmed. This was yet another “victory” in the effort to confirm great judges and justices. The results are starting to show.Read more
Senate Judiciary Democrats are once again facing criticism for their treatment of a judicial nominee. However this time it comes from an unexpected source, the Democratic Congresswoman Tulsi Gabbard from Hawaii. She wrote:
While I oppose the nomination of Brian Buescher to the U.S. District Court in Nebraska, I stand strongly against those who are fomenting religious bigotry, citing as disqualifiers Buescher’s Catholicism and his affiliation with the Knights of Columbus. If Buescher is “unqualified” because of his Catholicism and affiliation with the Knights of Columbus, then President John F. Kennedy, and the 'liberal lion of the Senate' Ted Kennedy would have been “unqualified” for the same reasons.
Article 6 of the U.S. Constitution clearly states that there "shall be no religious test" for any seeking to serve in public office.
No American should be told that his or her public service is unwelcome because “the dogma lives loudly within you” as Sen. Dianne Feinstein (D-Calif.) said to Amy Coney Barrett during her confirmation hearings in 2017 to serve as U.S. Circuit Court judge in the 7th Circuit.
If you read the Huffington Post, you would have to believe that the Republicans on the Judiciary Committee are out of control and acted in an unprecedented fashion yesterday when they held hearings. The reality is that Senate Judiciary Chairman Chuck Grassley (R-IA) was merely doing what he made an agreement with Ranking Member Dianne Feinstein to do. Meanwhile, led by Ranking Member Feinstein, Senate Democrats have brought unprecedented indignity and degradation to the modern Senate.
NEW: In a detailed, 29-page letter Chairman @ChuckGrassley has referred Michael Avenatti and Julie Swetnick to the Attorney General and FBI Director for criminal investigation for providing false statements, obstructing investigations, and conspiracy.https://t.co/ZjQWtnqQOM pic.twitter.com/DNYNGxel4K— Senator Hatch Office (@senorrinhatch) October 25, 2018
Today, RNLA Executive Director Michael Thielen wrote in The Daily Caller about how Senator Dianne Feinstein has harmed the Senate, Dr. Christine Blasey Ford, and Judge Brett Kavanaugh through the politically calculating way she handled the accusations made by Dr. Ford against Judge Kavanaugh.Read more
Today's continuation of the Supreme Court confirmation hearing for Judge Brett Kavanaugh was a long, heart-wrenching day of testimony by Dr. Christine Blasey Ford and Judge Kavanaugh. Both described how their families have faced threats and harassment since Dr. Ford's accusations were made public 10 days ago.
Judge Kavanaugh gave compelling testimony, with specific and detailed recollection. His testimony is corroborated by multiple other statements and evidence. The Democrats’ disgraceful smear campaign of character assassination must come to an end. It’s time for the Senate to vote.— Tom Cotton (@SenTomCotton) September 27, 2018
Here are some of the remarkable moments from the day:Read more
Thomas Jipping reminds us that the smears against Judge Brett Kavanaugh, while reprehensible, are just the latest of the inconsistent, partisan means by which Democrats have evaluated judicial nominees:
Partisan double standards, ignoring what really matters, smears, turning basic notions of fairness on their head — that is what it means to use “whatever means necessary.” Schumer is keeping his promise of opposing Kavanaugh with everything he has. It won’t be enough.Read more
An allegation is not self-proving. That is why it is called an allegation.— Ben Shapiro (@benshapiro) September 21, 2018
Part of proving or disproving an allegation is the accused's right to respond to an allegation. There is a long precedent in the United States and society in general for thousands of years that the accuser must go first. The accused gets a chance to respond. Yet the lawyers for Dr. Ford said:
Kavanaugh must testify first, before Ford. This, according to congressional aides, is a non-starter. It's not how the committee works, and given Kavanaugh would need to respond to Ford's testimony, will not occur.
Since the allegations against Judge Brett Kavanaugh by Dr. Christine Blasey Ford were made public on Sunday, Senate Judiciary Committee Chairman Chuck Grassley has done everything possible to ensure that the Senate investigates the claims and is able to evaluate their truth before moving forward with the nomination. Yet despite the Democrats claiming that this is what they wanted, as Chairman Grassley has attempted to work with them, Senate Democrats and Dr. Ford's attorneys now claim that they want the Senate to wait for the results of an FBI investigation that the FBI says is not going to happen. This reveals the Democrats' true goal, even more than the politically opportune timing of when Dr. Ford's accusations were leaked: delaying Judge Kavanaugh's confirmation until after the November elections in the hope of taking the Senate and blocking all future judicial nominations by President Trump.Read more