Now that Justice Kavanaugh is seated, I'll wrap up a few of my thoughts on the matter.
1. As I've alluded to if not stated in the past, I do not like attempting to dive into a person's distant past to determine if they did anything criminal or unethical unless there is a criminal or judicial record to review. I believe in the reasoning behind the statutes of limitations doctrine, recognizing that the judicial nomination process is not a criminal procedure. It is far too easy for people to be accused and judged guilty in the court of public opinion without being able to reasonably defend themselves because events happened so long ago. I know I cannot remember squat about my high school years. And yes, I know that Kavanaugh kept a bizarre calendar that looked pretty bad, but my objection stands. That is not to say that I don't believe his accuser's story or that I am am not sympathetic to what she did in coming forward. I'm just saying it's too late for that, or at least, a nomination process is not the appropriate forum.
2. Kavanaugh is personally a horrible person. His conduct at the hearing clearly showed a man who hasn't matured and is far too emotional and lacking temperament. His jabs at senators who were simply asking questions, allbeit ones he did not like having to answer, were out of line and not something we expect to hear from Supreme Court nominees. That said, US Supreme Court justices do not decide cases in such a manner. It's not like the nine justices gather in a conference room and scream at each other until a majority decision is reached. It's not like a jury room. The process is much more deliberate and slow. It involves not just the justice's personal biases but tons of research into prior case law, mostly conducted by clerks, and reading preliminary drafts to see what they can agree on. In other words, Kavanaugh may be a flaming alcoholic asshole, but that doesn't mean he can't do the job in a judicial manner.
3. Speaking of, Kavanaugh has been an Associate Judge on the US Court of Appeals for the DC Circuit since 2006 and has authored literally hundreds of opinions in that time. For those who aren't aware of how the US circuit courts work, the DC Circuit, being based in Washington DC, hears most of the cases involving government agencies and regulations. It is generally regarded as the second most powerful court in the US, behind the Supreme Court. So, Kavanaugh has a ton of high-level judicial experience. All other things aside, his qualifications in that regard are superb. A veteran appeals court judge, especially from that court, is exactly who I would tap for the Supreme Court, which is no place for amateurs. Including Kavanaugh, there are now four justices on the Supreme Court who are alumi of the DC Circuit. Obama's nominee, Merrick Garland, is currently the Chief Judge of the DC Circuit.
4. Because of Kavanaugh's tenure on the DC Circuit bench, there is a ton of judicial history from which to predict his performance on the Supreme Court. And that is where we - and the US Senate - should have focused. What decisions has he made in the past? What dissents has he authored? Is his record on the court in line with that of the other judges or is he continually an outlier, a maverick? With a nominee with Kavanaugh's resume, there is absolutely no reason to look beyond his record on the bench. If you care to look into it, his record is
here.
5. Kavanaugh's record is conservative, but not outrageously so. The US Supreme Court has a history of moderating the political leaning of its justices. Chief Justice John Roberts, for example, a conservative many liberals feared would destroy civil liberties, provided a crucial vote to uphold Obamacare. So, we'll see what Kavanaugh does on the court. It probably won't be good, but it may not be as bad as some doomsayers will have it.