Friday, July 13, 2018

The SCOTUS Confirmation Process Has Gotten Out of Hand

The SCOTUS Confirmation Process Has Gotten Out of Hand

by Alan M. Dershowitz  •  July 13, 2018 at 1:00 am
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  • Justice Kavanaugh is extraordinarily well qualified by his educational and academic background and judicial history. He should be given a hearing and asked probing questions about his judicial philosophy and his approach to constitutional construction and precedent. Senators should approach this process with an open mind. Before I finally make up my own mind, I will be listening carefully to his answers.
SCOTUS nominee Brett Kavanaugh. Some Democrats showed their disdain for the process by opposing President Trump's pick even before it was made. (Photo: Wikimedia Commons)
The framers of our constitution would be turning over in their graves if they could see what happened to their words "with the advice and consent of the senate."
Now senators neither advise nor consent to Supreme Court nominations.They politicize, delay, demonize, obscure, fabricate and discredit what should be a non-partisan process of assuring that the most qualified lawyers serve on our highest court. Instead we have come to expect votes that are cast largely along party lines.
It was not always what it has now become. Even in the recent past, highly qualified but controversial nominees — such as Antonin Scalia and Ruth Bader Ginsberg -- were confirmed with hardly any dissents. No more.


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