Seattle Press
Community Log & News Digest
No Urgency to Confirm Kavanaugh
The greater issue in the current debate about the Supreme Court is not the validity of charges against Brett Kavanaugh. It is rather the deviation of the McConnell Senate from established practice.

First, there is no hurry. After the death of Justice Scalia, no hearing on a new associate justice was held for several months for purely political reasons. A delay in consenting to a nomination will have essentially no effect on American jurisprudence. I am unaware of any life and death issues awaiting the Court when it reconvenes in October that cannot be adjudicated by eight justices. The Chief Justice is able to defer action and manage the docket to bring cases before the bench as he pleases.

Second, seven of the nine justices are over 60; three are over 75, so it is likely that the President will have other opportunities to nominate justices. We should not be surprised when he nominates conservatives. Elections have consequences.

Third, should the accusations against Judge Kavanaugh be unproven, he could be renominated at any time. The rejection of a nomination does not prevent the President from renominating that person to the Court or any other position at a later time. It would probably be a foolish move, but reflect on the past 18 months. That means that if Mr. Kavanaugh is as good a jurist as the President and other supporters assert, we might be blessed with the sunshine of his rulings and opinions later rather than sooner.

All that cannot, of course, diminish the scorn toward Sen. Crassly (misspelling intentional) and his confrères stemming from their asinine and condescending behavior of the past few days. Once again, the sequel to Profiles in Courage will remain unwritten.