For those who do not know, I have long maintained an avid interest in the U.S. political system. Enspired by the now-failed Presidential campaign of U.S. Senator Bernard Sanders (I-Vt), I have watched with rapture as, over the past two years, our political systems dissolved into the chaotic reality we now see. Each day brings a news stream filled with the latest controversies: about the president, about countless local leaders, about the U.S.A…
Many Republicans will claim that the current political discord started with President Obama or President Clinton; Many Democrats will trace it back to the controversy ridden 2016 campaign of now-President Donald Trump. Though neither party will agree on who initiated the crisis, voters across he political spectrum can point to the pinnacle of our disunion, the great crisis of our Republic. That, my friends, is the Supreme Court confirmation process of now-Justice Brett Kavanaugh.
The Senate is tasked with providing “advice and consent” on Supreme Court nominations. In the recent past, this has let to massive, bipartisan support of almost every nominee. Up until the confirmation of Neil Gorsuch (2017) 60 votes were required for confirmation. This was an informal mandate for bipartisanship. Even Gorsuch, whose nomination followed what was perhaps the most devise election year in recent history, received 55 votes, with support from multiple Democrats.
Thus, going into Judge Kavanaugh’s nomination, one would have expected a process that was civil, at the worst. Indeed, I, a Democrat, hoped Kavanaugh would pass. He seemed a good guy, and I saw no reason to oppose him
Yet, in the Senate, the battle lines were drawn long before his name was actually offered. After the first few days of hearings, it became clear that what we were watching was no more than a partisan show. The vast majority of the Republicans were going to vote Yes, and a similar number of Democrats would vote no. This was based not on his judicial qualifications, but on the partisan nature of those Senators.
Both sides showed a noticeable lack of impartiality, and tried to eschew the facts in order to cater to their political adherents. The Republican leadership on the Judiciary Committee refused to subpeona multiple relevant documents, while the Democrats themselves hid an important allegation from the committee, only to throw it out when it was clear they had no other path to halting the nomination. Both sides offered various excuses for their actions, but their actions were and are inexcusable. Regardless of the possible truth to the Democrats allegations, or the privacy rights the Republicans claimed when withholding documents, their intent is clear. Tilt the facts to achieve their partisan agendas.
The regular hearings having finished, the Senate now moved to consider the allegations of Dr Cristine Blasey Ford. This was as it should be, and all appeared well. Yet, once again, the battle lines were drawn before a word was spoken. The Republicans attacked the credibility of Ford,and, with reason, the timing of her allegations. Meanwhile, the Democrats all started digging for more allegations. Regardless of the possible truth of Blasey Ford’s testimony this was an improper attempt by committee partisans to misuse Dr Ford’s allegations for political gain.
Kavanaugh has been confirmed, on a party line vote, and for better or worse he is on the court for life. Though, in the end, I did not support his confirmation, I believe that the real damage of this fight was inflicted on (and by) the Senate. Of the 100 men and women elected to serve in the world’s highest “deliberative body” only 11 truly did any deliberating during this poisoned process. On the Republican side we had Sens Ben Sasse (R-NE) Susan Collins (R-ME) Lisa Murkowski (R-Alaska) Jeff Flake (R-AZ) and Bob Corker (R-TN). For the Democrats, Bill Nelson (D-Florida) Doug Jones (D-Alabama) Joe Donnelly (D-Indiana) Joe Manchin (D-WVA), Claire McCaskill (D-MO) and Heidi Hietkamp (D-ND). These 11 senators seem like the last remnant of the great dilibarative body that was once the U.S. Senate. Thanks to them, the Senate did it’s job. Yet, Corker and Flake are Retiring, Nelson, Donnelly, Manchin, McCaskill and Heitkamp all face tough reelection races next month, and the same is likely to happen for the others in 2020. And if we loose them, what then? Will the Senate survive?
If recent events are any indicator, then I think not…