BREAKING: Senate Dems file Freedom of Information Act request to force White House to turn over Kavanaugh documents. Senate Republicans have taken the position that the documents available now are enough even though Kavanaugh's time at the WH was extensive hill.cm/DVrTvoF
Kavanaugh's time at the White House might be the most important part of his career as he dealt with issues likely to come before the courts, including most presciently the limits of presidential power in relation to checks and balances and investigatory subservience to the DOJ.
The Supreme Court is a lifetime appointment and Kavanaugh is a relatively young nominee, he will likely be on the Court for dacades and will have a profound effect on the direction of the court and on American jurisprudence for generations.
There is no part of Kavanaugh's record and experience which should not face the full scrutiny of the Senate and where possible it should be made public so consituants can make informed requests on their senators. It is unconscionable GOP senators to suggest otherwise.
The 5 years Kavanaugh worked in the White House should not be a black hole. His time in the WH can provide perhaps some of the most pertiant insight into numerous issues for which it is possible the Senate may not even be aware that he addressed in his time there.
Who knows what memos or papers Kavanaugh authored while at the White House. It is entirely conceivable that GOP Senators wish to prevent the release of his WH work product because while there he authored memos for internal consumption on hot button issues like abortion.
The precedent this sets is worrisome. The GOP have already shown they are willing to subvert the meaning of Article III of the Constitution by refusing to even meet with Garland, now they are entrenching the degredation of comity in the Senate.
By not releasing all of Kavanaugh's White House docs the GOP Senate is creating precedent whereby a SCOTUS nominee will only be considered by the majority party, unless there's an election, to be confirmed by only 51 votes, and considering only the info that party deems relevant.
Supreme Court Justice's can only be removed for good cause, the only ever impeachment of a Justice was in 1805 and Justicr Chase was acquitted. Meaning once confirmed it doesnt matter how many torture memos, anti abortion proclamations, or any other documents showing severe bias
come out, Kavanaugh would essentially have to murder someone, and be convicted, to be removed from the Supreme Court. To say Kavanaugh's years in his most promenant executive branch role is inconsequential in light of the significant time he spent at the White House is ludicrous.
While the GOP senators could arguably be correct, in that Kavanaugh has such an extensive record as a judge on the bench Democrats should be able to discern his character and judicial philosophy, it is more likely they are wrong and there is relevant information in the WH docs.
What is more, however, is the precedent that is set by a limited or tailored release of information pertaining to a SCOTUS nominee's record. What happens the next time around when the same party controls both the wH and the Senate. Will they argue that a career summary is enough?
Will we reach a point that no matter how far from an election if the party that controls the Senate doesnt control the White House they will fail to consider a nominee until they control both branches and vote only considering information seen as favorable to public opinion?
The degradation of the process for Senate judiciary appointments started with Harry Reid's decision to confirm lower court judges on a simple majority, arguably due to the GOP using the blue slip process, by which a senator from the home state of the nominee had a courtesy veto.
The GOP used the blue slip process to block as many Obama nominees as possible, purely out of hand. Once the GOP gained control of the Senate they then took the unprecedented step of refusing to even meet with Garland.
Once the GOP controlled both the White House and the Senate they had an executive nominating judges they approved of so they then effectively did away with the blue slip process to which they had availed themselves so readily when blocking Obama nominees.
Since that time the Senant has confirmed more nominees to the federal bench at a rate faster than any other president and in total as many as other presidents who served 2 terms in just the past 18 months.
Since the start of this term the Senate GOP changed the rules to allow appointment of Supreme Court Justices with only 51 votes instead of 60, again lowering the bar. Now, they want to appoint a SCOTUS nominee on 51 votes without consideration of a huge chuck of his legal record
The modification of senate rules to lower the bar to confirmation may be expedient in the short term, but as Democrats have now learned after Republicans packed the lower courts of the federal bench in the past 18 months it is not conducive to long term judicial balance.
Now, the party in power seeks to pack as many of their most ardent partisans on the bench before the next election. This deprives the court of judicial moderates who provide a balance to the interpretation of jurisprudence and alleviates wild splits in judicial interpretation.
There is no longer and need to select consensus candidates who appeal to the widest array of Americans and only a need to select partisans who will secure a bare minimum of support in the senate. This is dangerous for a judiciary which for now has in mostly seen as non political
It is American's faith that the Justice system will treat them equally regardless of their political persuasion which gives the courts their power and prestige and encourages people to avail themselves of the justice the system provides.
While the Judiciary has issues, particularly relating to race and criminal justice, it at the moment can rightfully be called the only branch of government continuing to adequately perform its constitutional responsibilities. A crisis of faith in this system would be disastrous.
It is without hesitation that I say the current state of the Senate's judicial confirmation process both as it relates to constitutional and parliamentary rules is alarming, regardless of the party in power. The current conditions threaten the very legitimacy of the courts.
