Spoiler alert: it’s easy to predict much of what will happen this week during the confirmation hearings for Supreme Court nominee Brett Kavanaugh. That’s because Democrats showed their hands almost immediately after Justice Anthony Kennedy announced his retirement from the Court, when Senate Minority Leader Chuck Schumer (D-N.Y.) took to the Senate floor to motivate his left-wing base.
“Nothing less than the fate of our health care system, reproductive rights for women, and countless other protections for middle class Americans are at stake,” Schumer scare-mongered. He asked, “Will Republicans and President Trump nominate and vote for someone who will preserve protections for people with pre-existing conditions, or will they support a justice who will put health insurance companies over patients, or put the federal government between a woman and her doctor?”
Notice that these remarks make no reference to the Constitution. That’s because the leader of the Senate Democrats wants the next justice to be a blue-state activist in a black robe.
Keeping that litmus test of policy outcomes in mind, you can expect Democrats to quiz Kavanaugh about his stance on specific issues looking for their own preferred outcomes. But the judge won’t be at liberty to answer many of these questions, as that would compromise his independence on matters that may come before him as a justice.
Democrats will seize on Kavanaugh’s impartiality and discretion around some questions by characterizing it as a dodge. But if Democrats are annoyed that Kavanaugh won’t be able to answer some questions, they should remember the example set by one of their heroes, Justice Ruth Bader Ginsburg.
During Justice Ginsburg’s own confirmation hearing in 1993, she explained, “It would be wrong for me to say or preview in this legislative chamber how I would cast my vote on questions the Supreme Court may be called upon to decide.”
She added, “A judge is sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.” She was right.
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SOURCE: Christian Post, Ken Blackwell