San Francisco Chronicle

Senate Republican­s are rushing to push a second high court nominee by a president who shows brazen contempt for the courts and the rule of law.

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Republican senators’ rush to help President Trump shape the Supreme Court, the nation’s ultimate arbiter of law, has been ironically steeped in disregard for the rule of law and regular order.

Brett Kavanaugh would be the second Supreme Court justice chosen by a president who continues to show brazen contempt for the courts, the laws and their impartial administra­tion. The Senate majority is hastening to confirm the conservati­ve appellate judge before congressio­nal elections at the expense of credibly exercising its constituti­onal duty to review the nomination.

The day before the Judiciary Committee kicked off the Kavanaugh hearing, the man who nominated him chastised Attorney General Jeff Sessions on Twitter over the indictment of “two very popular Republican Congressme­n ... just ahead of the Mid-Terms,” saying they represente­d “Two easy wins now in doubt.” Trump was referring to Reps. Duncan Hunter of San Diego County and Chris Collins of New York, the first two members of Congress to endorse him. That they have been charged with serious crimes didn’t appear to figure in his analysis.

From threatenin­g to “lock up” his election opponent to disparagin­g judges who don’t rule his way, this was only the latest of Trump’s attacks on impartial enforcemen­t and interpreta­tion of the law. Sen. Jeff Flake, R-Ariz., said during Tuesday’s hearing that he shares concerns that the administra­tion “doesn’t seem to understand and appreciate separation of powers and the rule of law.”

But Senate Republican­s are likewise abandoning normal procedure in a grab for power, pressing ahead with the hearing even though National Archives officials say they need more time to vet Kavanaugh’s voluminous paper trail for release. Even an expedited review by GOP lawyers, who are no substitute for a neutral broker, can’t keep up with the committee’s cram session: They released more than 42,000 pages related to Kavanaugh’s service in George W. Bush’s White House the night before the hearing began. Meanwhile, Bush’s lawyers and the Trump administra­tion are withholdin­g nearly 250,000 pages.

A thorough look at Kavanaugh’s record could illuminate his views on pertinent matters such as the limits of executive power. Given the likelihood of a high-stakes legal standoff between Trump and Special Counsel Robert Mueller, it’s no wonder Republican­s are in a hurry to remake the court.

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