Cross-examining Kavanaugh
If confirmed for the U.S. Supreme Court, federal appeals Judge Brett Kavanaugh will almost surely cement the top judicial panel’s right-wing majority for years to come. That’s why Democrats in the Senate, led by Chuck Schumer, instantaneously declared their implacable opposition to the nomination. So much for giving the man a fair hearing, like the one Dems demanded Senate Republicans give Barack Obama’s choice, Judge Merrick Garland.
The GOP was wrong then. Forswearing Kavanaugh at the outset is wrong now, turning what should be a tough confirmation process into a partisan guerrilla war.
But a deep dive into Kavanaugh’s long record is required, as are tough hearings that delve into his most troubling rulings and writings.
By early indications, Kavanaugh would be a reliable fifth vote for a maximalist interpretation of the Second Amendment. In a 2011 dissent from the majority on his appeals panel, he wrote, “There is no meaningful or persuasive constitutional distinction between semiautomatic handguns and semiautomatic rifles.” Senators must grill him on this dissent. Kavanaugh also looks poised to join a majority eager to weaken the already eroding status of workers and unions.
The Senate must cross-examine him on whether this tendency conflicts with the “open mind” he promises to bring to every case. And scrutinize his rulings upholding voter-ID laws with the effect of disenfranchising large numbers of African-American voters.
Kavanaugh could well tip the high court’s balance to overrule Roe v. Wade, the two-generation-old precedent granting women the right to an abortion. Without forcing him to prejudge on any particular case, senators must demand he say whether he considers that 1973 ruling settled law, fundamentally flawed or somewhere in between.
We worry deeply about the direction of the court if and when Kavanaugh joins it. But Democrats must remember he is one among many conservative jurists President Trump could have chosen, and generally considered a star in the firmament, .
Had Garland gotten his deserved vote under Obama, Kavanaugh would not now be getting ready to fill a second vacant seat. That’s an injustice Democrats should remember every November. The road to turning the high court in the right — or left — direction ultimately runs through the ballot box.