Jenny Beth’s Journal: Senate Democrats spin flawed arguments against Kavanaugh


Senate Democrats are trying to be strategic in blocking the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court; however they are not going to be very successful.

The Hill has Jenny Beth’s commentary:

In making their argument, Senate Democrats point back to the confirmation process for Justice Elena Kagan, which, they point out, involved the release to the Senate Judiciary Committee of approximately 171,000 pages of documents from Kagan’s prior service in the Obama and Clinton presidencies. If it was good enough for Kagan, they argue, it should be good enough for Kavanaugh. But that’s not an apples to apples comparison. Kagan’s background was very different from Kavanaugh’s, and so, therefore, was the need for document production.

Kagan had never been a judge at any level before being nominated to a seat on the Supreme Court. As such, there was no body of published work documenting her legal beliefs and philosophy. In that context, looking at what she had written professionally was a necessary prerequisite to making an informed judgment about her legal philosophy and her suitability for the Court.

Kavanaugh, by contrast, has spent a dozen years on the bench, and not just any bench, but the second most powerful court in the land. He has written some 300 opinions, and his superior judges on the Supreme Court have chosen to affirm him on more than a dozen occasions. Anyone who wants to learn about Kavanaugh’s views on the law can find that information easily by reading his published opinions. They don’t need to read a million pages of documents from his professional service before he was a judge.

That flaw in Schumer’s argument may or may not be obvious to him and his Senate Democratic colleagues, but it is clear as day to anyone not already invested in defeating the Kavanaugh confirmation, and those are the vast number of swing voters whose votes will determine who controls the Senate for the next two years. What is obvious, though, is the possibility of following Reid’s mistake: Setting a precedent that comes back to bite them.

Kavanaugh’s dozens of years of experience as a judge and his defense of upholding the law make him an excellent choice for U.S. Supreme Court. Senate Democrats like Senate Minority Leader Chuck Schumer (D-N.Y.) would rather play party politics than confirm a well-qualified judge to sit on the bench. If that’s the game they are going to play, it’s a game that they will lose in November.