Sunday, October 7, 2018

It's a done deal -- Kavanaugh on SCOTUS

By a vote of 50 to 48 -- the closest vote to confirm a Supreme Court justice in over a century -- the controversy over Brett Kavanaugh's fitness to serve on our highest court was settled;  he has already been sworn in at the Court, although there will be a staged, formal swearing in later.

However, the controversy and the ill-will have not been put to rest.  The controversy continues in the angry protests and in some Democrats who say they will hold hearings on the process and on Kavanaugh's fitness if they gain control of the House.

So why do the votes total only 98 instead of 100?    A simple act of courtesy in this age of divisiveness.   The vote was to take place on late Saturday afternoon, and Senator Steve Daines (R-MT) -- a Yes vote -- needed to be walking down the aisle at his daughter's wedding back home.

There was a possibility that the Senate could leave the vote "open," until Sen. Daines could fly back to Washington immediately after the wedding on a private plane offered by a friend.    But then Sen. Lisa Murkowski, a Republican from Alaska who planned to vote No, stepped forward with an offer.

Since it wouldn't affect the outcome of the vote, she would ask that her No vote be simply recorded as "Present," leaving Sen. Daines free not to have to come back to cast his Yes vote in person.    Thus 50 to 48, rather than 51 to 49.   It changed nothing but which numbers marked the 2 vote margin.

As to Sen. Murkowski's reasons for bucking her party and voting No on the confirmation, it's clear that she and Sen. Susan Collins focused on different aspects of Judge Kavanaugh's testimony.    Their split on this vote is noteworthy, in light of their usual harmony in being the only two Republican women senators who are pro-choice on abortion.

In contrast to Sen. Susan Collins' paean to the stellar qualifications of Judge Kavanaugh and completely ignoring, in her speech, any mention of Judge Kavanaugh's temperament, tendency to lie and mislead -- Sen. Lisa Murkowski made her decision based on need to protect the credibility and the integrity of the institution.   She said in a simple statement to the media:   "I believe that Brett Kavanaugh is a good man.   It just may be that, in my view, he's not the right man for the Court at this time."

I respect that a lot more than Susan Collins' white wash job.


But it is as sad day for democracy and for the future of our country.   To rush through its advise and consent process without proper investigation of serious, credible charges against Judge Kavanaugh, plus his obvious problems of temperament, truthfulness, and ability to remain non-partisan -- is a further stain on the Republican Party of Trump;  but the stain affects our institutions.   Trumpism now has tainted not only the presidency, but the congress, and now the judiciary as well.

Ralph


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