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The story of Supreme Court Justice Brett Kavanaugh’s confirmation reads like a work of fiction, rife with false allegations, corruption, deceit, and even threats of violence at the highest levels of government. Conservative-leaning authors Hemingway and Severino do a masterful job of covering the behind-the-scenes elements of this national circus as well as what was made public. For many observers, the battle to confirm Kavanaugh was really about abortion. Most advocates of abortion know that the Roe vs. Wade decision was based on the constitutionally shaky premise of an implied "right-to-privacy." Some Democrats pandered to the mobs and played to the anti-Kavanaugh media. During the Senate Judiciary Committee’s exhaustive review of Kavanaugh’s documents and lower court rulings, Senator Cory Booker contrived what he called his "Spartacus moment." Booker announced he would violate Senate rules (and willingly risk jail time) by publicly releasing "committee confidential" emails that he claimed showed Kavanaugh’s racial bias during his stint in the Bush Administration. Booker’s reference was to a famous 1960 movie scene where a group of fellow slaves all claimed to be Spartacus to help the title character avoid crucifixion. Although Booker’s analogy was widely criticized as silly, his theatrics are a good example of the lengths to which some politicians and media pundits were willing to go to derail the nomination. And the emails merely served to show Kavanaugh’s opposition to racial profiling. When President Trump appointed Justice Neil Gorsuch to the high court, it stirred up significant opposition, with only three Democrats from red states voting yes. But Kavanaugh’s impeccable reputation for making fair and constitutionally sound legal decisions unleashed a frenzy of viciousness from the left that had not been seen since the ugly battle to confirm Judge Robert Bork. Even moderate Republicans questioned Kavanaugh’s nomination, and Senators Lisa Murkowski of Alaska and Susan Collins of Maine became key votes in the confirmation fight. Despite increasingly ominous attacks on her family and personal safety, Senator Collins practiced due diligence in her pursuit of the truth. In the end, she voted to confirm Kavanaugh. Murkowski voted no. Predictably, the Christine Blasey Ford saga is detailed in the book, beginning with Senator Diane Feinstein’s 20-day delay in delivering the accusatory letter. Ford was given five extensions in which to testify, and everyone involved jumped through hoops to ensure she got her day in court. The inconsistencies in her testimony were on obvious display, however, and the final FBI investigation could not corroborate her allegations, which were subsequently dismissed. Justice On Trial is a fairly presented and extensively researched compilation of the unfounded attacks on an honorable man that nearly destroyed him and his family. It’s also a fascinating read. The authors provide historical context as well as the unpleasant details of what has become the all-too-familiar process of "lynching" Supreme Court nominees. They note that "as the unelected bureaucrats of the burgeoning administrative state exercise de facto legislative power, the only remaining constraint on them is constitutionalists in the judiciary." Regnery Publishing, 2019, $28.99 |
They view a stricter constitutionalist makeup of the Supreme Court as a threat to abortion rights. When the Kavanaugh nomination became news, a national outcry arose and protesting mobs took to the streets. Coat hangers and threats were mailed to key senators.
