Saturday, October 6, 2018

The Kavanaugh Temperament

The Senate has confirmed Supreme Court nominee Brett Kavanaugh by a mostly party-line vote of 50-48. If you're wondering where the two missing Senators were, one who supported Judge K was at his daughter's wedding back home. One who opposed Judge K agreed to vote "present" so the bride's father wouldn't have to leave the reception and fly back to DC just to vote. Had both voted, the numbers would have been 51-49, the outcome exactly the same.

I'd like to comment on the Judge's emotional demeanor when he blew up at the Democrats who were harassing him. People, including a former Justice, claim to have found his demeanor disqualifying.

I beg to differ. The man who blew up at his patently unfair treatment - basically character assassination - was not there serving as a judge, he was the defendant for all intents and purposes.

Defendants are not expected to be calm, serene arbiters of right and wrong. Judges who find themselves somehow personally involved in a trial before them are duty-bound to recuse themselves.

It is entirely unreasonable to expect Kavanaugh, while personally under attack, to exhibit a judicial even temperament. It is something we never ask a judge to do.

Kavanaugh reacted exactly as Justice Thomas did when he was attacked during confirmation hearings, Thomas called it "a lynching." Kavanaugh's condemnation of the process was qualitatively similar, if different in detail.