Sunday, July 15, 2018

KAVANAGH IS BORK REDUX - by John P. Flannery

DEMOCRATIC SENATORS MUST MEET THEIR RESPONSIBILITY TO SCRUTINIZE AND OPPOSE JUDGE BRETT KAVANAGH - there is a veritable forest of complex legal principles established in a long chain of insight and error going back before this nation ever existed that spell out our individual rights and liberties and the necessary restraints on a government that even contemplates imperial exertions.

Some ask how may we fairly consider the kind of judge Judge Kavanagh would be. We must require a careful examination of his many dissents, some of which appear calculated to win him a spot on the Federalists' short list to become an Associate Justice.

We know that Judge Kavanagh has a relaxed view of fundamental fairness, what we call due process, similarly of his view of equality before the law, and restraints on the power of the Executive.

It is ironic that the Justice Kavanagh clerked for was Anthony Kennedy and that he is considered a fair successor. Not so.

It is ironic because Justice Kennedy was confirmed to the Court after Judge Bork was soundly rejected for his conduct on the court and in public life.

It is ironic because the errors of Judge Kavanagh were underscored in the opposition to Judge Bork.

I make no secret of my belief that Senator Ted Kennedy, in his service on the floor of the Senate, may have accomplished more than many Senators through the history of this young Republic, and that accolade includes both of his brothers, President Jack Kennedy and Robert Kennedy. But it's true.

It was Senator Kennedy who gave an analysis of Judge Bork that needs to be the kind of analysis of Judge Kavanagh, as to the decisions Bork made and his role in the Watergate scandal.

We can't elevate a questionable judge to the Supreme Court because of his activity in the community where he lives.

We must study the work Judge Kavanagh has done to consider the result we can expect should we make the mistake of confirming him.

We can't elevate a political operative who was fine with spending four years to "get" Clinton, but has expressed the view since that Presidents are above the law, a magnetic attraction to our flawed Chief Executive, Mr. Trump.

Our Senators and elected officials have shown them to be a shadow of the courage necessary in these dangerous times.

So I offer the address that Senator Kennedy gave in opposition to Judge Bork, and invite those who still have the embers of idealism that likely brought them to public service to study this speech, and to present their views in this manner, to effect, reasoned, robust, but fair and accurate.

If this is done, then this flawed candidate will be defeated, or we shall so inform the public to rid the hallowed law of the people's house of those unworthy of the legacy of Kennedy for their failure to fight and resist Judge Kavanagh who deserves to be left where he is - and save the Supreme Court from his tortured and wrong readings of the law that makes our courts a beacon of consider judgment among the people of this nation.

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