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Senators Graham and Sasse: Their truth to power in SCOTUS hearings

Written By | Sep 5, 2018
Judge Kavanaugh, Lindsey Graham, Ben Sasse, Jacquie Kubin, SCOTUS hearing

WASHINGTON:  As America watches the Senate Confirmation hearings for Judge  Kavanaugh to SCOTUS, replacing retired Justice Anthony Kennedy, the role of the Supreme Court is front and center. Unfortunately, within the first day of the hearing, some two dozen people were arrested for disrupting the proceedings. Their screeds so vitriolic that the Judge’s wife and children left the proceedings.

It was cringeworthy to watch Judge Kavanaugh’s parents Everett Edward Kavanaugh Jr. & Martha Gamble Kavanaugh visible discomfort as Democratic Senators, like Corey Booker, grandstanded against their son and the hearing.

Judge Brett Kavanaugh: Born to be a Supreme Court Justice

That discomfort highlighted by the fact that Brett Kavanaugh comes from a family steeped in the law. Judge Kavanaugh’s father is a lawyer. His mother is a former Maryland Circuit Court Judge. Judge Gamble Kavanaugh was also the Assistant State’s Attorney in Montgomery County from 1978 to 1984. She was a member of the Spouse Abuse Commission in Montgomery County in 1982, and a member of the Character Committee on the Court of Appeals from 1990 to 1993.

The SCOTUS Committee Senator Response

In addition to the ill-behaved in the galley, Senate Democrats continuously interrupted the opening statements of the hearing with calls to delay the proceedings.

Lindsay Graham says to Judge Kavanaugh:

“In other times someone like you would get 90 votes. I want your daughters to know what happened yesterday is unique to the times we live in.”

Unique indeed. The number of disruptions from anti-Trump, Anti-Kavanaugh persons in the galley is not only disruptive, but also rude. These individuals, both on the dais and in the galley, lack basic civility or an understanding of how to bring concerns to the legislative branch.

Liberal Bad Behavior on display in the Senate and the White House

Listening to President Trump speak about the Woodward book during a break from the SCOTUS hearing, the press stands there screaming their questions. In this trying to be loud enough to garner the president’s attention over others.

Begging the question, when did it become commonplace for individuals to stand up and scream at our politicians during official proceedings?

Seventy-eight minutes of Liberal meltdown

Senator Lindsay Grahams remarks included the following observations following Judge Kavanaugh’s 9:00 am nomination by President Trump on July 9th saying:

“By 9:23 Chuck Schumer said I will oppose Judge Kavanaugh. By 9:25 Senator Harris said that “Judge Kavanaugh represents a direct and fundamental threat to the rights and health care of hundreds of thousands of Americans and I will oppose his nomination”.

Elizabeth Warren, at 9:55 said Brett Kavanaugh’s record as judge and lawyer is clear [sic] hostile to health care for millions opposed to the CFPB, corporate accountability. Thinks President Trump is above the law.

Nancy Pelosi at 10:11 and Bernie Sanders at 10:18. If Brett Kavanaugh is confirmed to the SCOTUS it will have a profoundly negative effect on workers rights, women’s rights and voting rights for the decades to come.

Within an hour and 18 minutes of your nomination, you became the biggest threat to democracy in the eyes of some of the most partisan people in the country who would hold Kagan and Sotomayor up as highly qualified and would challenge any Republican nomination.

You live in unusual times as I do. You should get more than 90 votes and you won’t and I am sorry it has gotten to where it has. And it has nothing to do with you.”

The activist, celebrity-driven SCOTUS

Think about Senator Graham’s comments. Twenty years ago did the average American know the names of the Supreme Court judges? Were they celebrities, like Ruth Bader Ginsberg who is being memorialized in a movie? A movie whose trailer quotes RGB as saying we cannot change the culture if the laws do not change.

But it is not, nor has it ever been the role of the Supreme Court to change our culture or laws. Ms. Ginsberg should have stayed an activist, but not a Justice Advocate.

For any thinking American, not driven by political ideology, this is a disgraceful show of ill-behaved and obnoxious people that bring shame to the United States.

Democrats clearly seem to be worrying that nominating Judge Kavanaugh to the Supreme Court will destroy the concept of judicial independence. However, there is nothing in Kavanaugh’s past that makes us believe that this is something to fear. For one simple reason, as a Justice, Brett Kavanaugh is one of nine.

Truth to Power: Senator Lindsey Graham

On Tuesday, before the question and answer portion of the hearing began, Senator Graham took Senate Democrats to the proverbial woodshed for opposing the confirmation of Judge Brett.

“I’m here to tell anybody in the country who listens that this is so hypocritical of my friends on the other side,” Graham said. “When it was their president, Kavanaugh was right.”

Graham held Democrats responsible for holding Republicans to a different standard than they hold members of their own party.

“People see through this,” Graham continued. “You had a chance and you lost. If you want to pick judges from your way of thinking, then you better win an election.”

The liberal hysteria is getting old

As Dana Perino notes, there is a law of diminishing returns. And that the histrionics and acting out by liberal Democrats is working against them. Because in reality, Democrat or Republican, Conservative or Liberal, someone screaming out – whether, at a White House Press Conference (Jim Acosta, Brian Karim and April Ryan take note) or an official hearing held by our Senate, it is simply bad faith – which in law is intentional dishonesty.

Because when it comes to a confirming a jurist, Brett Kavanaugh should be held up. His credentials are blue ribbon as a judge, a mentor, a parent, husband, son, and friend. He is a person we want to see on America’s highest court.

A person who will will vote for the American people based on precedent. On law. In the constitution. Not political ideology.

In the article Ruth Bader Ginsburg Isn’t Even Pretending to Be Impartial, writer Ian Tuttle concludes:

“Ruth Bader Ginsburg’s own service has been to impose that ideology on the law not from a seat in the legislature, but from her perch on the judges’ bench. By doing so, she has helped to legitimize the reduction of the Constitution and the entire judicial apparatus to an instrument for political gain, and to enshrine a vision of modern womanhood that cheerfully eviscerates any woman who believes otherwise. The Left thinks that is something to be celebrated?”

With Kavanaugh’s confirmation, we will see some erasing of the left’s un-moral hold over the Supreme Court. With Kavanaugh and Gorsuch returning the court to its role of interpreting and enforcing the laws. Laws as set forth by our legislative branch.

Speaking Truth to Power: Senator Ben Sasse

And possibly, as a result of these hearings, we will hear the comments of Senator Ben Sasse on the Senate floor. On the first day of the hearing, Sasse dressed the Senate down calling the hearing process as an “overblown, politicized circus.”

Calling Congress, at best, dysfunctional for the drama surrounding the confirmation hearings, his comments were an effected precursor to Sen. Graham’s reciting the 78 minutes of hysteria that following President Trump’s nomination of Judge Kavanaugh.

Reflecting on the hysteria of the protests and objections, including those by his colleagues,  Sasse says the rhetoric isn’t new to just Kavanaugh’s confirmation hearing. Instead, he says the hearings “haven’t worked for 31 years in America.”  That “screaming protesters saying ‘women are going to die’” have been present at these hearings for decades.

Criticizing the legislature for “giving away its power” by allowing the Supreme Court to become a “substitute political battleground.”

“The hysteria around Supreme Court nomination confirmation hearings is coming from the fact that we have a fundamental misunderstanding of the role of the Supreme Court in American life now,” Sasse said. “Our political commentary talks about the Supreme Court like they are people wearing red and blue jerseys; that’s a really dangerous thing.”

“It’s predictable that every confirmation hearing now is going to be [an] overblown, politicized circus. It’s because we’ve accepted a new theory about how our three branches of government should work, and in particular, how the judiciary should work,” Sasse continued.

Sasse says the hearings are what they are because “Congress has decided to self-neuter.”  This turning the Supreme Court from a body of jurists to a body of legislatures doing the Senates job.

The Senates “misunderstanding of the role of the Supreme Court,” accounts for the vitriolic rhetoric aimed at Kavanaugh.

“Most people here want their jobs more than they really want to do legislative work and so they punt most of the work to the next branch,” Sasse charged. “We badly need to restore the proper duties and the balance of power from our constitutional system,” he continued.

On Fox News’ “Special Report with Bret Baier,” Sasse says:  “Congress seems to have forgotten the three branches” of government.

“We need a Congress that passes laws and suffers the consequences that people get to hire and fire the Congress,” Sasse said. “We need an executive branch that tries to execute the laws that have been passed and we need judges who judge and not try to be super legislators. And most people in the Congress seem to have forgotten.”

He went on to say that he believes “the left started this fight.”   However, Sasse blames both sides of the political aisle.

“I do think that the left started this fight but I think both of these parties are really, really lame in teaching basic civics to our kids right now. People on both sides of the aisle regularly talk about the Supreme Court like there are Republican justices and Democratic justices,” Sasse said.


Image: Created from Video Screen Shots

Jacquie Kubin

Jacquie Kubin is an award-winning writer and wanderer. She turns her thoughts to an eclectic mix of stories - from politics to sports. Restless by nature and anxious to experience new things, both in the real world and online, Jacquie mostly shares travel and culinary highlights, introduces readers to the chefs and creative people she meets and shares the tips, life and travel information people want to read.