Atlantic article "I Know Brett Kavanaugh, but I Wouldn't Confirm Him" Benjamin Wittes
If I were a senator, I would not vote to confirm Brett Kavanaugh.
These are words I write with no pleasure, but with deep sadness. Unlike many people who will read them with gleeas validating preexisting political, philosophical, or jurisprudential opposition to Kavanaughs nominationI have no hostility to or particular fear of conservative jurisprudence. I have a long relationship with Kavanaugh, and I have always liked him. I have admired his career on the D.C. Circuit. I have spoken warmly of him. I have published him. I have vouched publicly for his charactermore than onceand taken a fair bit of heat for doing so. I have also spent a substantial portion of my adult life defending the proposition that judicial nominees are entitled to a measure of decency from the Senate and that there should be norms of civility within a process that showed Kavanaugh none even before the current allegations arose.
This is an article I never imagined myself writing, that I never wanted to write, that I wish I could not write.
I am also keenly aware that rejecting Kavanaugh on the record currently before the Senate will set a dangerous precedent. The allegations against him remain unproven. They arose publicly late in the process and, by their nature, are not amenable to decisive factual rebuttal. It is a real possibility that Kavanaugh is telling the truth and that he has had his life turned upside down over a falsehood. Even assuming that Christine Blasey Fords allegations are entirely accurate, rejecting him on the current record could incentivize not merely other sexual-assault victims to come forwardwhich would be a salutary thingbut also other late-stage allegations of a non-falsifiable nature by people who are not acting in good faith. We are on a dangerous road, and the judicial confirmation wars are going to get a lot worse for our traveling down it.
Despite all of that, if I were a senator, I would vote against Kavanaughs confirmation. I would do it both because of Fords testimony and because of Kavanaughs. For reasons I will describe, I find her account more believable than his. I would also do it because whatever the truth of what happened in the summer of 1982, Thursdays hearing left Kavanaugh nonviable as a justice...
https://www.google.com/amp/s/www.theatlantic.com/amp/article/571936/
Me.
(35,454 posts)I found this article full of nonsensical notions and found it hard to take a lot of what he wrote seriously. The fact is he wanted his pal to get the nom but even he has to admit he doesnt have the temperament and thus fell into a great deal of whataboutism to try and soften the blow.
that there should be norms of civility within a process that showed Kavanaugh none even before the current allegations arose
Even assuming that Christine Blasey Fords allegations are entirely accurate, rejecting him on the current record could incentivize not merely other sexual-assault victims to come forwardwhich would be a salutary thingbut also other late-stage allegations of a non-falsifiable nature by people who are not acting in good faith.
After rightly criticizing the behavior of several of the Democratic members of this committee at [his] hearing a few weeks ago [as] an embarrassment,
Since his confirmation to the D.C. Circuit, he has been a significant voice on a raft of issues I work on. In all of our interactions, he has been a consummate professional
To note: Research has shown he judges in favor of corporate interests a great deal more often than he did for citizens.