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Friday, November 23, 2018

A question for the chief justice

On Wednesday the 21st, Chief Justice John Roberts rebuked our domestic Dear Leader for claiming a federal judge who issued a decision Don Trumpone didn't like was "an Obama judge". Roberts hewed to the standard line about federal judges being impartial arbiters of the law.

I don't dsiagree with Roberts' vision of the judiciary and the ideals it should uphold. Who could?

Even so, the Supreme Court, the very apex of the judicial branch, is perhaps the most prominent exemplar of a biased judiciary. Everybody speaks of "conservative" and "liberal" justices whose votes on most cases are all but preordained. If it's a hot-button cultural issue, nobody wonders how Samuel Alito or Elena Kagan will vote on the case.

Brett Kavanaugh's confirmation hearings were a national disgrace. The majority of the public did not believe he should have been confirmed. This was not a problem the Court could solve, but the negative consequences will fall on the Court anyway. Those of us who consider Kavanaugh unfit to be a Justice have any number of reasons — provided by the nominee himself — not to trust him. If his temperament as a Justice resembles that on display during his confirmation hearings, we will have ample ammunition for impeachment hearings.

So the question for you, Mr. Chief Justice, is how you will restore faith in your Court.

Mr. Chief Justice, Kavanaugh expressed such outrageously and unapologetically partisan views during his confirmation hearing that millions of Americans rightly wonder how they can possibly receive a fair hearing at his hands. Kavanaugh called the serious allegations of sexual assault leveled against him the handiwork of "liberal" activists and "Clinton" (Bill and Hillary) supporters.

If the Democratic Congressional Campaign Committee should find itself a plaintiff or respondent before the Court, how could it expect a fair hearing? Will Justice Kavanaugh recuse himself from the case? If he will not recuse himself on his own, will you use whatever authority you have to compel him?

The Court's reputation is no longer as a nonpartisan institution. If that is the ideal to which you want the Court to aspire, what will you do to bring about that state of affairs?

Most of the nation's problems are not yours to solve. However, we're looking to see how you will address those problems that are yours.

So again, Mr. Chief Justice, how will you restore confidence in the Court?

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