Why do I think Brett Kavanaugh should not be confirmed to the Supreme Court? A whole lot of reasons, but they distill down into three.
1. Policy
Despite Judge Kavanaugh's protestations about being an umpire, or about considering Roe to be, well, pretty established law, I firmly believe that he will rule to limit, to gut, and possibly to overturn Roe v. Wade.
I base that not solely on my read of his record, but on the commitment of Donald Trump to select someone for SCOTUS (based on candidates fed him by conservative groups) would do just that thing.
Further, I firmly believe that Kavanaugh's attitude of deference toward sitting presidents — arguing that US Presidents should not be subjected to subpoenas or indictments — was not only a key reason that Donald selected him, but a partisan policy (compared to his attitude when he was on the Ken Starr team) that ought not to be approved.
"But Dave," you might say, "It's not fair to judge a SCOTUS appointment based on judicial philosophy and expected judgment." Really? Because how and why do you think he was nominated?
2. Honesty
Kavanaugh has clearly and definitively lied — about his role in judicial nominations and torture policy during the Dubya administration, as well as about trivial things from his high school past: his alcohol consumption, the commentary in his yearbook, etc.
What he is lying about is, in some ways, less important than that he is lying about it today, before the US Senate, in order to secure a Supreme Court gig for life.
I don't want someone who lies so easily about small things to be one of the ultimate arbiters of the Constitution.
(And that sets aside what lies he may, or may not, be telling about his misbehavior in high school and college while under the influence of privilege and alcohol. I believe, given a choice, Dr. Blasey Ford's accusations, and those of his other accusers. But that's the most subjective element here, vs. the objective elements of his nature.)
3. Temperament
Judge Kavanaugh has spoken at length about the need for a judge to be calm, cool, non-partisan, and open to all who approach the bench for justice.
His ugly screed against alleged Democratic plots against him, about the influence of Clinton supporters and left-wing deep pockets and Democratic Senators, puts paid to any sense that he could be non-partisan and apolitical.
Is there reason for Kavanaugh to be angry, especially if he's innocent of all charges? Sure. But judicial temperament isn't about not being angry, it's about putting that anger aside.
Instead, he excoriated the Democratic members of the Judiciary Committee, and effectively threatened them that they would reap "the whirlwind." Any case brought before him, if he were on SCOTUS, will now be tainted by that partisan vitriol on his part.
In short, I believe Kavanaugh is not suitable material for a Supreme Court Justice.
I don't pretend that opinion makes any difference. The GOP Senate leadership has made it clear they will vote to approve him as soon as possible, regardless of what the FBI background investigation shows. But I want to get my opinion out there, regardless of what Mitch McConnell or Lindsay Graham thinks of it.
