JUSTICES C KAVANAUGH
Sworn in as 114th Supreme
Following a fierce partisan battle over sexualassault allegations, Brett Kavanaugh, with his family by his side, was confirmed to the Supreme Court by the Senate in a 50-48 vote Saturday, ensuring a conservative majority for years to come. He was sworn in later that day as an associate justice by Chief Justice John Roberts (right) as well as his predecessor, former Justice Anthony M. Kennedy, in Washington.
The Senate confirmed Brett Kavanaugh as the Supreme Court’s 114th justice Saturday, 50-48, consolidating conservative control of the nine-member court.
The roll call at 3:44 p.m. brought the curtain down on the most bitter confirmation fight since the battle over Justice Clarence Thomas in 1991.
Hours later, Kavanaugh, his family by his side, was sworn in by Chief Justice John Roberts and retired Justice Anthony M. Kennedy. The ceremony took place in the room where the justices meet for their private conferences.
“We were in the fight to the finish,” Senate Majority Leader Mitch McConnell told The Washington Post on Saturday.
“I never considered asking him or asking the president to withdraw the nomination.”
“A lot of times, I didn’t know if we would ever get to this point,” said a beaming Sen. Chuck Grassley (RIowa), chair of the Senate Judiciary Committee, who ran the contentious hearings that riveted the country and culminated in a dramatic day of testimony between the nominee and a woman who accused him of drunkenly groping her in high school.
“He’s not going to do what some justices do, be a superlegislator,” Grassley said.
President Trump hailed his choice as “just an extraordinary person, a great talent.
“He will be a great justice of the Supreme Court. People have thought that for 10 years,” Trump said as he left the White House for a rally in Kansas.
“I think he’s going to make us all very proud.”
The Senate vote ratified Trump’s second Supreme Court pick in as many years, cementing one of his central campaign promises — and handing him a huge political win one month before November’s midterm elections.
Social conservatives and right-wing Republicans have been dreaming of a five-vote “originalist” majority — tilted toward justices who interpret the constitution consistently with the intent of its original drafters — on the nation’s highest court for decades.
Not since 1940 have conservatives held so solid a majority on the bench.
Vice President Mike Pence, in his role as president of the Senate, transformed conservative voters’ dreams to reality when he called for the final tally.
But the roll call was frequently interrupted by protesters in the gallery.
“This is a stain on American history. Do you understand that?” one
screamed.
The Capitol was open from Friday into Saturday as senators took turns making lengthy floor speeches to justify their votes for and against the appointment.
As dawn broke, Sen. Kirsten Gillibrand (D-NY) slammed Kavanaugh in a 37-minute speech as “a nominee who is unfit to serve on the Supreme Court.”
Despite intense pressure from anti-Kavanaugh protesters, Sen. Susan Collins (R-Maine) announced Friday that she would join almost all Senate Republicans to support him after the FBI reported that it could not corroborate the sexual-misconduct accusations.
Sen. Joe Manchin (D-W.Va.), facing a tough re-election battle in his deep-red state, was the lone Democrat to break from his party and vote in Kavanaugh’s favor.
Lisa Murkowski (R-Alaska), the GOP’s only breakaway senator, voted “present” to allow the nomination to squeak through in the absence of Sen. Steve Daines (RMont.), a Kavanaugh backer who was attending his daughter’s wedding back home.
Senators from both sides were seen making gestures of unity after the vote.
Manchin, Collins and Murkowski all chatted together. Claire McCaskill (D-Mo.), whose re-election bid in her red state could founder with her “no” vote, hugged Collins.
Kavanaugh, 53, has been a justice-in-waiting for six years.
His pedigree as a Washington insider is unmatched.
He clerked for Justice Kennedy — the retired justice he is replacing — in 1993. He worked for independent counsel Ken Starr in the investigation into Bill and Hillary Clinton’s Whitewater scandal a few years later and served as George W. Bush’s staff secretary in the early 2000s.
Trump’s decision to hand his second Supreme Court nomination to Kavanaugh in July was widely seen as an olive branch to Bush and other establishment Republicans who have been hostile to the president.
Trump pushed through Neil Gorsuch in 2017, more than a year after the death of conservative lion Antonin Scalia.
Kavanaugh’s nomination was nearly derailed two weeks ago by allegations dating back 36 years.
They led to a dramatic day of testimony Sept. 27, when Christine Blasey Ford emotionally recounted her memory of Kavanaugh allegedly assaulting her at a party when both were highschoolers in the suburbs of Washington, DC.
Later that day, in his own testimony, Kavanaugh, himself sometimes in tears, forcefully denied Ford’s accusation.
After reopening its standard pre-confirmation investigation into his background, the FBI said it found no evidence to confirm either her account or those of two other women who claimed sexual offenses by Kavanaugh in high school and college.
Debra Katz and Lisa Banks, two of Ford’s attorneys, were spotted in the gallery above the Senate floor as the vote proceeded. Neither Ford nor Kavanaugh appeared.
In the end, Ford’s accusations were not enough to sink Kavanaugh’s appointment — but they did help make it the closest Supreme Court confirmation vote since Thomas was elevated with a 52-48 vote.
AND so our fiery national nightmare is over. For now.
But only a Pollyanna would think peace is about to break out across the bloody political and cultural battlefields. We are a long way from fixing what was shattered and retrieving what has been lost.
There were many causes and events on the long road that brought us to this low place, but a telling moment took place almost exactly two years ago. It was the final debate of the presidential campaign, held on Oct. 19, 2016.
Here is how The New York Times began its slanted coverage: “In a remarkable statement that seemed to cast doubt on American democracy, Donald J. Trump said Wednesday that he might not accept the results of next month’s election if he felt it was rigged against him — a stand that Hillary Clinton blasted as ‘horrifying.’ ”
After noting that no modern president refused to accept election results, the paper quoted Clinton attacking Trump.
“Let’s be clear about what he is saying and what that means,” she said. “He is denigrating — he is talking down our democracy. And I am appalled that someone who is the nominee of one of our two major parties would take that position.”
She added, “That is not the way our democracy works.”
Fast forward to now, and it is the height of irony — and hypocrisy — that Clinton and her supporters, including the Times, still refuse to accept the election’s outcome. It started with her flimsy claims of Russian collusion and continues uninterrupted, with the character assassination campaign against Brett Kavanaugh the latest example.
Thank God, the assassins were unsuccessful in preventing a su- perbly qualified jurist and widely respected man from joining the Supreme Court. But they did lasting damage to Kavanaugh’s reputation, his family, the court, the Senate and the entire country.
Willing to destroy any part of government they cannot corrupt with partisanship, members of the self-declared resistance are tearing America apart because the election didn’t go their way. They have unleashed a whirlwind of fanatical hate, with violence now routinely threatened and sometimes carried out.
There are no random events. It is a straight line from the unprecedented plot by President Barack Obama’s administration to infiltrate and wiretap the Trump campaign in the summer of 2016 to the scurrilous accusations of sexual misconduct against Kavanaugh.
The probe by special counsel Robert Mueller has turned up nothing of significance against the president, yet it plods onward, searching for anything that would justify its existence.
In that context, it is beyond mildly interesting that a former FBI agent reportedly tried to pressure a friend of Christine Blasey Ford into changing her sworn statement to the Senate so it would support Ford’s charges against Kavanaugh. And one of Ford’s lawyers happens to be the lawyer for the fired former deputy director of the FBI, Andrew McCabe.
Throw in the crooked James Comey’s drum-beating against Kavanaugh and the return of Obama to the campaign trail, and it’s clear the seamy efforts of the former administration are still going strong.
As the Kavanaugh catastrophe demonstrates, our nation is paying a heavy price for the unpatriotic attempts to abuse government power to try to pick a president, then undo the election. In a dangerous world where America has real enemies, efforts to undermine Trump’s legitimacy often align with the interests of foreign powers. John Kerry’s traitorous advice to Iran to wait for the next president are a prime example.
To be clear, what we just witnessed, and what we have seen for two years, is not a case of mere political differences, which the Founders recognized as inevitable and even desirable.
Instead, we face something more akin to the combustible climate historian Christopher Clark described as the origins of World War I. In his book, “The Sleepwalkers: How Europe Went to War in 1914,” Clark illustrates how none of the great powers wanted war, but all felt free to escalate the build-up in the certainty that the other side would back down.
Something similar is happening here, and our nation could be sleepwalking into a second civil war. Even though justice and fairness prevailed this time, the stained confirmation process must serve as a wake-up alarm.
It is a recognition of the danger we face that, amidst the threats from Democrats to impeach Kavanaugh, we also hear calls for unity and healing. I’m all for them — as long as they’re not a fig leaf wrapped around gross wrongdoing.
For one thing, the leak of the confidential letter Ford wrote to Sen. Dianne Feinstein must be treated as a crime. As several senators noted, the leak falsely weaponized a charge about a 36year-old event, without having any corroborating evidence. Ford wanted to remain private, but the leaker wanted to create a public spectacle that pitted her and Kavanaugh against each other like two caged beasts.
The leaker succeeded and provoked other accusers to make charges without evidence, leading to a cascade of smoke but no fire. Among the casualties was the presumption of innocence, a bedrock of our legal system and Western civilization itself. Ford and Kavanaugh both say their families received death threats.
For another thing, the role of Ford’s lawyers must be investigated. One was hired at the recommendation of Feinstein’s office, and another represents McCabe — suggesting this was a political operation from the start.
Moreover, the failure of those lawyers to turn over key documents to the Senate reeks of bad faith and perhaps something far more sinister.
Less surprising was that the fiasco revealed how the liberal media keep behaving like battering rams against Trump. The wild stories about Kavanaugh in high school and college, coming from NBC, The New Yorker and others aimed to paint him as too toxic for confirmation. Shamefully, Ivy League law schools piled on.
Their failure to stop him is cause for relief, but nothing more. The media and academia embarrassed themselves again, but show no signs of ending their blatant bias.
The Times, of course, is the leader of the wolf pack, and it’s worth revisiting the end of its 2016 debate story.
After saying Trump “sputtered” in one exchange, it wrote that the evening was “a last-ditch attempt by a fading candidate, Mr. Trump, to save himself.”
Clinton, on the other hand, was said to be “reaching for not just a win but a mandate,” and the article concluded with obvious support for her certain victory.
“I would like to say to everyone watching tonight that I’m reaching out to all Americans, Democrats, Republicans and independents,” she said, “because we need everybody to help make our country what it should be.”
Two years later, she bears a huge responsibility for the disaster before us. If she really wants to help, Clinton should publicly admit that Trump won the election fair and square.