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Congressional Kavanaugh kabuki.

September 4, 2018

The much-hyped confirmation hearings to confirm Judge Brett Kavanaugh began today, replete with yelling protestors and “outraged” Democrats.

It is we who should be outraged, but in another way, this theatrical production highlights why Congress has an average approval rating of 19%.

We get it. All things Trump bad for Democrats.

Actually, this almost looks like another instance of legislators from both sides of the aisle in a panic because if Kavanaugh is confirmed, they may actually have to legislate.

With Kavanaugh and Gorsuch on the bench, SCOTUS will no longer be able to function as a super-legislative body, which means that we might actually have three branches of government again.

In a way, this appears to be a modern rendition of “Much ado about nothing.”

You have Schumer, Durbin and Co. prattling on about not having enough documents, despite having approximately 442,000 pages, some of which relate to the Bush 43 administration.

Kavanaugh was essentially an executive secretary for  G.W.’s administration. As such, whatever he did or didn’t do then was directed by the philosophy of that President.

He also has made over 300 rulings as a district court judge. That should be the only signpost necessary to evaluate him as a jurist.

To listen to Schumer and his cronies, the only thing the judge will have to rule on as a justice will be Roe v. Wade.

No one can predict what sort of cases might relate to that precedent, or whether that decision will apply in total to any new decisions germane to legalized abortion.

For instance, what if a case reaches the Supremes as to whether a woman desiring an abortion has to meet with people wishing to adopt? Many people who are essentially pro-choice have often wondered why, given the number of people trying to adopt, pregnant women aren’t automatically given the choice to act as paid surrogates before opting to kill the fetus.

That has nothing to do with Roe v. Wade directly, since it wouldn’t prevent the woman from having the abortion if she so chooses. In short, precedent wouldn’t apply.

If you like watching dysfunction, the entire hearing is being televised on CSpan and Fox News, and perhaps others as well.

Or you could do something productive, like, oh, maybe mopping the kitchen floor or watering your lawn.

From → op-ed

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