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Republicans Treated Merrick Garland Way Better Than Democrats Treated Brett Kavanaugh

October 9, 2018 in Economics

By Ilya Shapiro

Ilya Shapiro

Even though Brett Kavanaugh was ultimately confirmed to the
Supreme Court, while Merrick Garland’s nomination expired alongside
the Obama presidency, there’s no question that the chief judge of
the D.C. Circuit was treated better than the newest justice has

Set aside the debate over whether it was proper for Senate
Republicans to hold open the seat vacated by Justice Antonin
Scalia’s passing, whether norms were broken and institutions
sacrificed on the altar of power politics. Nobody’s mind will
change on that.

Democrats’ anger at Senate Majority Leader Mitch
McConnell’s tactics is understandable, even if they
would’ve done the same thing in his place. But this was a
black swan event. The last time the Senate confirmed a Supreme
Court nominee of a president of the opposite party to a vacancy
arising in a presidential election year was 1888.

Focus instead on how the Senate treated each nominee personally.
McConnell announced his “no hearings, no votes” stance
within hours of Scalia’s death, without waiting for President
Obama to pick a nominee (which didn’t happen for another
month). He argued that, since the country was embroiled in a heated
election campaign and the next justice could shift the balance of
the Supreme Court, the American people should decide who gets to
fill that seat—when they chose a new president less than nine
months later.

Brett Kavanaugh takes his
seat amid debates about the Supreme Court’s ‘legitimacy,’ with
substantial portions of the population thinking he’s a

Senators made clear, both before and after Garland was formally
nominated, that this was about the direction of the Supreme Court,
not about any person. There were no charges that Garland was a
left-wing firebrand or otherwise unqualified. Indeed, such
accusations would’ve been absurd. Nor were there fishing
expeditions into Garland’s past, with media leaks to portray
any juicy morsel in the most negative light possible.

Contrast that with the trial by ordeal that Kavanaugh endured.
While there was gnashing of progressive teeth when Justice Anthony
Kennedy announced his retirement, the opposition machine
didn’t shift into high gear until President Trump selected
his successor.

At that point, Senate Minority Leader Chuck Schumer vowed to
oppose Kavanaugh “with everything I have.” Sen. Cory
Booker, a member of the Judiciary Committee, said those who
supported Kavanaugh are “complicit in evil.” Sen. Richard
Blumenthal, who also sits on that committee, called Kavanaugh
your worst nightmare.” Former Virginia
governor and Democratic National Committee Chairman Terry McAuliffe
said Kavanaugh would “threaten the lives of millions for

I could go on, because these aren’t isolated examples.
Senators accused Kavanaugh not just with the “usual”
attacks on Republican judges as …read more

Source: OP-EDS

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