Kavanaugh Confirmation

Will Senate Democrats again put party before country?

Many were worried about who President Donald Trump would choose to fill the U.S. Supreme Court seat vacated by retiring Associated Justice Anthony Kennedy.

They shouldn’t have been. The president made a sound choice in U.S. Appeals Court Judge Brett Kavanaugh.

Kavanaugh has an impressive record. He has demonstrated a healthy respect for the U.S. Constitution and court precedent in his well-reasoned opinions. But he has also shown an independent streak, which tells us he is not tied to dogma. He may have a more conservative bent than some judges, but he is not the right-wing idealogue so many on the left were expecting.

In our view, he is just what the court needs. Now comes the tricky part: His confirmation hearing before the U.S. Senate Judiciary Committee and then a vote by the body as a whole.

The U.S. Constitution gives the president power to make judicial and other appointments with the “advice and consent” of the Senate. It’s part of the system of checks and balances that keep one branch of the government from exercising too much power.

What the framers of the Constitution never intended, though, was for political parties to use “advice and consent” for their own gain. And that’s just what the conformation process has become.

It’s gone on for a while but the first time the public took real notice was in 1987 when President Ronald Reagan nominated Judge Robert Bork of the U.S. Court of Appeals for the D.C. Circuit to the Supreme Court upon the retirement of Associate Justice Lewis Black.

To put it bluntly, Bork was crucified by Democrats. The treatment of Bork was so badly a verb was coined by columnist William Safire—“to bork”—which meant to “savage” a political nominee.

The Senate voted not to confirm Bork. Ironically, that seat was filled by Associated Justice Anthony Kennedy—whom the president has nominated Kavanaugh to replace.

It’s the Senate’s job to vet Kavanaugh for the court. However, it’s been a long time since both parties took up that duty with clean hands and open minds. Both Democrats and Republicans have brought preconceived notions and forgone conclusions to the table. If the president is a Democrat, Senate Republicans are bound to vote not to confirm. If the president is Republican, expect the same from Senate Democrats. And that’s the situation we find ourselves in now.

That’s not the way it should be. But frankly, we don’t know if the original intent of “advice and consent” will ever agin see the light of day. Not as long as the parties put their own agendas before the good of the court and country.

Barring unforeseen revelations during the hearing, Brett Kavanaugh should be confirmed to the U.S. Supreme Court by an overwhelming vote. President Trump has chosen wisely and there is little doubt Kavanaugh is up to this great responsibility.

The only question now is whether Democrats in the Senate are willing to break with this long and disgraceful partisan confirmation tradition and do their duty under our Constitution.