USA TODAY US Edition

The Kavanaugh war

Rejuvenate­d GOP rediscover­s unity Trump’s poison infects the Supreme Court

- Scott Jennings Harry Litman

On the Senate floor, Susan Collins stood alone. And she stood tall. The Maine Republican’s floor speech announcing her vote for Brett Kavanaugh systematic­ally dismantled every Democratic attack on the new Supreme Court justice and made a convincing case in favor of President Donald Trump’s highly qualified nominee.

If you see a commentato­r claiming to be a “Republican” or “conservati­ve” strategist supporting the liberal mob on this one, understand that they don’t represent conservati­ves or the Republican Party any longer. More than any other issue in the Trump era, Kavanaugh will be remembered as the “whose side are you on?” moment.

And it was the “moderate” or establishm­ent wing of the GOP that manned the front lines. Aside from Collins:

Lindsey Graham of South Carolina, a conservati­ve target for being pro-immigratio­n reform, rallied the faithful in his rousing committee speech.

Chuck Grassley, whom some conservati­ves wanted to dethrone as Judiciary Committee chairman in 2016, managed the process beautifull­y despite the unpreceden­ted circus thrust upon his committee.

Former President George W. Bush offered an assist, lobbing in calls to Collins and other Senate Republican­s to reassure them about Kavanaugh.

Then there’s “Cocaine Mitch” McConnell, so smeared by a losing Senate candidate whom he opposed in West Virginia. McConnell’s steely leadership in a Senate that stands on a razor’s edge has erased any possibilit­y that a Republican could ever again credibly challenge his conservati­ve bona fides. He has simultaneo­usly fought the dumbest elements of the Tea Party and the Democratic Party for going on eight years, and he has bested both.

Even though the mob was beaten back this time, it will return more rageful and bloodthirs­ty than ever. Democrats will make Trump and Kavanaugh an impeachmen­t double feature should they win the House. Democrats may plunge the nation into any number of constituti­onal crises to satisfy a liberal base that has never accepted that elections have consequenc­es. Their Trump-era overreache­s have been muted because they are the minority party in Congress. Put them in charge, and there’s nothing stopping liberal Democrats from using their power to destroy any American that stands between them and their political goals.

The narrowly won 50-48 Kavanaugh fight has injected energy and camaraderi­e into a GOP suffering from complacenc­y and discord. Rejuvenate­d conservati­ves have been reminded about what’s at stake, and to what depraved depths the liberal mob will sink to win.

Scott Jennings, a former special assistant to President George W. Bush and former campaign adviser to Senate Majority Leader Mitch McConnell, is a partner with RunSwitch Public Relations in Louisville, Kentucky.

The confirmati­on of Brett Kavanaugh, after a bitter fortnight of operatic intensity, is the most damaging blow to the Supreme Court since it decided a presidenti­al election with Bush v. Gore, and the most serious assault on the court by another branch of government since at least Franklin D. Roosevelt’s court-packing plan. Now what?

The episode was a vivid display of a broken process driven by power politics. Senate Republican­s employed a razor-thin majority to game the system at every turn. Once Christine Blasey Ford emerged to credibly accuse Kavanaugh of sexual assault when they were teens, Republican­s excluded important witnesses and turned a final hearing into a “he said, she said” standoff.

Among the indelible images of that standoff were 11 sclerotic Republican males hiding behind a handpicked prosecutor as she served up picayune questions to Ford, and Kavanaugh’s face as he unleashed a torrent of bared-teeth partisansh­ip. Kavanaugh went all in on contempt, grievance and dishonesty — in short, the politics of President Donald Trump. The nadir came when the White House feigned a reopened investigat­ion only to ensure it went nowhere.

Where does all this leave Kavanaugh and the Supreme Court? Polls show more Americans believe Ford. The stigma might remain as long as he serves.

Kavanaugh’s public appearance­s will attract protests and controvers­y. He will continue to be reviled in the legal academy and in much of the profession. And should damning new details of his conduct or the nomination process come to light, the political outrage at his confirmati­on will redouble.

Within the court itself, Kavanaugh will have an easier time. The justices place enormous value on collegiali­ty. He is now their new brother, flaws and all, and whatever private opinions they may harbor, the justices will set them aside and bring him into the fold.

The tragedy of Kavanaugh’s sordid confirmati­on is its effect on the court. Its public credibilit­y is everything; in a sense, it is all the court has. The American people accept the highest court’s decisions to the extent they believe them the product of law, not politics.

Between Kavanaugh’s archpartis­an turn to gain confirmati­on and the raw political process that won it for him, the court’s legitimacy will be sorely challenged. Now, every 5-4 decision in which Kavanaugh joins, and there will be a cascade of them, will seem to many more Americans illegitima­te. Given the extreme bitterness of the confirmati­on, it is hard to see this changing soon.

Trump has managed to insert himself, and his brand of malice, into the most important institutio­n in American government that he had not yet soiled. Now his poison has infected the Supreme Court, and its venomous effects will persist long after his presidency.

Harry Litman, a former U.S. attorney and deputy assistant attorney general, teaches at UCLA Law School.

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