Kavanaugh Hearings Begin With Chaos
Today was the beginning of confirmation hearings to determine whether Brett Kavanaugh will be the next US Supreme Court Justice. While odds are that Kavanaugh will be confirmed, there are a few Republican senators who appear ambivalent. One consideration that might drive those Republican to a confirmation vote is knowledge of who else is on the President’s list of nominees. The question for many might be “How do you vote when you disapprove of the candidate, but fear that the next nominee will undermine constitutional rights on an even broader scale?”
Republicans claim that victory will be theirs, but they act otherwise. Litigators would probably be sanctioned for withholding discovery until the night before the first day of trial. Yet, not trusting fair play, 42,000 documents related to Kavanaugh’s work at the White House under President Bush were released only last night. As one senator said, they would have to read at a rate of 7,000 pages per hour to read the documents prior to the start of the Kavanuagh hearings. Yet another 100,000 documents are being withheld altogether under cover of “executive privilege.”
When some argue that the next supreme court justice will decide the future of the constitution, there is great reason for that concern. Since President Trump’s election we have seen one attempt after another to undermine due process. From the torture of immigrants, to attacks on our systems, including the media and the Justice Department, it is clear that the President does not respect the rule of law. That the next Supreme Court justice could promote the agenda of a president who disdains law and protocols frightens an already frightened opposition.
Despite their concerns with fair play, some senators are focusing on doing their job by examining the candidate on issues of grave concern. Senator Whitehouse spoke of the Roberts’ court’s unwavering support of corporations over individuals and over human rights. Senator Whitehouse pointed out that in 73 cases Robert’s “gang of five” sided with corporations. Senator Whitehouse particularly noted the Jesner v. Arab Bank, PLC, decision which shields US corporations from human rights abuse lawsuits under the Alien Tort Act.
What is clear from these hearings, once any Trump nominee is confirmed, human rights lawyers must think carefully not only about which cases to bring before the court, but more importantly which cases not to bring before the court. Preservation of constitutional rights might be better served by restraint.