Brett Kavanaugh: The worst of choices at the worst of times
Editorial September 21, 2018, Comments Off 106The following editorial is an edition of Fireside Chats with Ryan, a political editorial column. All views, thoughts and opinions belong solely to the author and do not represent those of The Drury Mirror.
Since Thursday, Sept. 6, the United States Senate Committee on the Judiciary has been listening to testimonies and reviewing documents about one of the most important positions in the federal government. No, not the presidency. The Supreme Court.
Justice Anthony Kennedy retired earlier this year. The decision of who should replace him on the bench marks the second seat on our nation’s highest court that President Trump has filled since he assumed the presidency in January 2017. The first seat, vacant with the death of Justice Antonin Scalia in February 2016, remained unfilled for over a year. In February 2017, Scalia’s successor, Neil Gorsuch, was appointed.
A new face, but not thoroughly vetted
Now the spotlight is on Brett Kavanaugh, a circuit judge and attorney from Washington, D.C. He is President Trump’s pick for the seat vacated by Kennedy. A staunch conservative, it’s no surprise that the Senate Republicans are doing their best to railroad Kavanaugh through the hearings and get him confirmed before the midterm elections this November.
Senator Cory Booker, the junior representative from New Jersey, released evidence of the rushed hearings. Last week, Senator Booker released a series of documents deemed “confidential” by Senate Republicans, which means that the documents could not be released publicly or discussed during the hearings due to Senate rules.
Senator Booker released these documents knowing full well the rules of the Senate and the consequences that releasing this information could have for his career. He did so anyway, and the documents paint a terrifying picture.
“I’m going to release the email about racial profiling,” Senator Booker stated on the third day of Senate deliberations, as reported by USA Today. “I understand the penalty comes with potential ousting from the Senate.”
The documents are long and varied, encompassing around 267,000 pages according to The Huffington Post. Of these pages, 174,000 were made public and the other 90,000 were kept confidential for security reasons. But it seems that these documents focus less on national security, and more on the personal beliefs of Judge Kavanaugh that Senate Republicans feel could damage how citizens see him.
Race neutral isn’t an option to Kavanaugh
The “email about racial profiling” refers to actions taken by the Justice Department under President George W. Bush, following the 9/11 terror attacks in 2001. The email, sent in 2002, pertains to the legality of using racial profiling to prevent future terror attacks, showing that at the time Kavanaugh rallied for non-race-neutral means to combat terrorism. News One quoted Kavanaugh as saying, “The desire to remedy societal discrimination is not a compelling interest.”
If racial profiling isn’t bad enough, he is staunchly against affirmative action. Throughout his career, Judge Kavanaugh has criticized legislation that gives minority citizens assistance with consideration to positions at work, university and more. Kavanaugh has been quoted in several articles from the Wall Street Journal stating that the government should be “race neutral.” These remarks are glaringly opposite of those about combatting terrorism. In a 1999 interview with the Wall Street Journal, he stated that he cannot wait for the day when the Supreme Court says, “We are all one race in the eyes of the government.”
A likely outcome, but not inevitable
We can only hope that Judge Kavanaugh’s Senate hearings create enough discord that moderate Senate Republicans will step up and voice their concerns about the newest Supreme Court nominee. Judge Kavanaugh’s views on race show that he is not fit to sit on the bench.
With midterm elections right around the corner, it is unlikely that moderate Republicans will vote opposite of their party. However, we can hope that the knowledge that Senator Booker has revealed is enough to sway their opinions.
Article written by Ryan Smith.