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by Alan M. Dershowitz • July 13, 2018
at 1:00 am
- 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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