The Right Stuff
Alexander Hamilton arguing in 1788 in Federalist Paper Number 78 for lifetime appointments for judges on good behavior said the following:
“To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them….the records of those precedents [which will reach] a very considerable bulk…must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge. These considerations apprise us, that the government can have no great option between fit characters….”
And John Adams noted in a commentary in 1776:
“Judges Should always be Men of learning and Experience in the Laws, of exemplary Morals, great Patience, Calmness, Coolness and Attention. Should not have their Minds distracted with complicated jarring Interests, or be Subservient to any Man or Body of Men, or more complaisant to one than another.”
It is clear from this, the type of men to serve as judges in the Federal Judiciary our Founders anticipated—and especially judges or rather justices of the Supreme Court. Temperament and character were all important; “integrity” says Hamilton, “exemplary morals, great patience, calmness, coolness,” says Adams. There is little doubt of the type of person they would have in mind for a seat on the Supreme Court. Judge Kavanaugh would not appear to meet this standard. He does not seem to have enough of the “right stuff” to make a Supreme Court Justice.
Dana Milbank in his article on September 30, 2018 in the Washington Post has noted that Judge Kavanaugh has proved himself “unfit to serve on the Supreme Court. It has little to do with his treatment of women.” In his statement to the Committee following the testimony of Christine Blasey Ford in which she castigated his alleged sexual assault on her decades ago, Judge Kavanaugh cast aside all pretense of objectivity, judicial restraint and even rational argument, succumbing to partisan fury, relying on ridicule and fantasy. As Milbank reports, Kavanaugh denounced the entire proceeding before the Committee as a “national disgrace, “a circus,” “a grotesque and coordinated character assassination” and “a search and destroy mission.” He attacked the Democratic Party for threats against his family with the intent “to blow me up and take me down.”
He went on to say that the entire confirmation process has been “a calculated political hit” motivated by anger over President Trump’s election in 2016 and “…revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.” And he mocked two Senators on the Committee who asked questions about his history of drinking, thereby impugning the entire US Senate.
And as Tom Friedman pointed out in his column in the New York Times on October 3, 2018, “…And nothing is sacred. Brett Kavanaugh defended himself the other day with the kind of nasty partisan attacks and ugly conspiracy theories that you’d expect only from a talk radio host—never from a would-be justice of the Supreme Court. Who can expect fairness from him now?” We should have expected such behavior suggested sociologist Shamus Khan in his column in the Outlook section of the Washington Post on September 30, 2018 in which he asserted that Judge Kavanagh in his 2018 confirmation testimony told the Senate Judiciary Committee several important mistruths under oath and had done the same thing in confirmation proceedings for his current position in 2006.
Judge Kavanaugh may be a good lawyer and good family man but he publically demonstrated that he is not the kind of man that our Founders expected would be selected for service on the Supreme Court if we want our system of government to work properly. His leader, the President, consistently makes clear that he has no regard for American principles and values—on October 3, 2018 he mocked Ms. Ford’s testimony in a rally—but that doesn’t mean it is acceptable for Supreme Court justices to behave the same way. It most assuredly is not.
“Nothing is more important to the establishment of manners in a State than that all persons employed in places of power and trust be men of exceptional character.”
–Samuel Adams, 1775
“If ever the Time should come, when vain & aspiring Men shall possess the highest Seats in Government, our Country will stand in Need of its experienced Patriots to prevent its Ruin.”
–Samuel Adams, 1780
“The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks.”
–Samuel Adams, 1771
Sam Adams, co-founder of the Sons of Liberty; leader of the Boston Tea Party; signer of the Declaration of Independence and later long-time Governor of Massachusetts says it well. All citizens should take heed.
John Jay