by Stephen Smith
“I live on the sunrise side of the mountain, not the sunset side of the mountain. I see the day that is coming, not the day that is gone. I am optimistic about the future of America and the future of our independent Judiciary.” – Justice Brett Kavanaugh
The recent confirmation hearings for the Honorable Brett Kavanaugh nomination to the Supreme Court created a spectacle reminiscent of “The Theatre of the Absurd” rather than a celebration of American Civics.
Wikipedia’s description of “The Theatre of the Absurd”:
“Broad comedy, often similar to vaudeville, mixed with horrific or tragic images; characters caught in hopeless situations forced to do repetitive or meaningless actions; dialogue full of clichés, wordplay, and nonsense; plots that are cyclical or absurdly expansive; … These plays were shaped by the political turmoil…”
Justice Kavanaugh sat calmly in the middle of the storm, demonstrating that he was the person with the highest character, humility, legal temperament and a voice of sanity in the room. Democrats relished the role of Grand Inquisitors while appearing more like Tartuffe or the demonic Hellequin. The Greek Chorus in the gallery consistently interrupted the proceedings by screaming their protests. Out of such fabric the absurd theatrics unfolded.
The curtain was raised as Chairman Grassley’s gavel fell. He began to speak, then the voice of Democrat California Senator Kamala Harris rang out, “Mr. Chairman, I move that we adjourn!” That call was repeated by other Democrats on the Judiciary Committee. They all claimed they were denied access to documents. More on that later.
Despite the protest, the hearing went on as scheduled. Some moments of absurdity were:
Senator Kamala Harris repeatedly asked Justice Kavanaugh if he had discussions with anyone from the law firm of Kasowitz, Benson and Torres regarding the Mueller investigations. He said he knew no one who worked for the law firm. With a dark countenance and strong voice, she repeatedly challenged him on this point. This specious assertion was taken up by other Democrat Senators. Though she claimed having evidence, none was ever offered!
Democrat Senator “I am Spartacus” Booker declared that he would defy the rules of the Senate and face expulsion by publishing an email by Justice Kavanaugh titled “Racial Profiling.” Gotcha! The problem was that the email had already been approved for release. Oops! The text of the email advocated not using racial profiling. Darn it! As it turns out, the so-called restricted documents that Democrats claimed having no access, were fully available to them all along. Except for Senator Klobuchar, they simply failed to request the documents. ###@@##.
The Senate had received thousands of pages of documents written by Justice Kavanaugh. What outraged Democrat Senator Blumenthal was that the Justice once used the phrase “abortion on demand.” Blumenthal scolded, “don’t you know that is a code word used by anti-abortionist!” Kavanaugh pointed out that Supreme Court Justice Warren Burger used the same phrase in his ruling upholding a case on Roe vs. Wade. I am a conservative, but I have yet to see the secret de-coder ring to aid in recognizing the politically in-correct language referred to. Neither had Judge Kavanaugh.
With more decisions being made by activists’ leftist judges, the progressive Democrats insisted that Judge Kavanaugh adhere to “stare decisis,” or legal precedents. This is especially true when Democrats were advocating for the preservation of the Roe vs. Wade abortion rights. Remember, the Supreme Court establishes precedent. Our California Democrat Senator Diane Feinstein advocated ignoring precedent set by “District of Columbia vs. Heller,” which upheld the right for individuals to keep and bear arms. She wants to eliminate semi-automatic rifles while keeping semi-automatic hand guns. Justice Kavanaugh had argued that legally there is no practical difference between these types of firearms, supported by a Supreme Court Justice Scalia majority opinion. Senator Feinstein was outraged and argued for the overturning of Heller. I guess precedent just depends on whose ox is being gored.
Trump Derangement Syndrome was often evidenced. Amazingly, on Friday, the Democrats brought in Trump hating expert witnesses such as John Dean of Watergate fame and asked them to make extensive comments about how dangerous and awful President Trump is. Just imagine if the President is charged “along with his un-indicted co-conspirators” and if the case finds its way to the Supreme Court, Kavanaugh may offer him absolution. OMG. This shows extreme contempt for the character and judicial temperament of the other eight Supreme Court Justices.
Lest we forget, the American Bar Association gave Judge Kavanaugh an A++ rating on all their evaluation parameters, declaring him to be “well qualified.” When asked if he was mainstream, the ABA proclaimed him to be on top of the stream. The curtain falls.