Brett Kavanaugh is testifying, but Democrats aren’t listening

While it is said that the Senate is the greatest deliberative body on Earth, it should not be assumed that its members are automatically deliberative individuals. Just look at the senior senator from Hawaii.

Tweeting before thinking apparently, Sen. Brian Schatz, a Democrat, shared a picture of a sassy cat with a sassy caption.

Thinking before speaking a full two hours beforehand, though, Supreme Court nominee Judge Brett Kavanaugh literally said exactly the opposite when responding to a question from Sen. Dianne Feinstein, D-Calif.:

“No one is above the law in our constitutional system. Under our system of government, the executive branch is subject to the law, subject to the court system.”


This is not some complex point. This is constitutional principle, one that Schatz would have picked up on if he was actually watching the hearing. Above everything, Kavanaugh is a law and order judge who upholds the Constitution over his own biases. Look to the more than 300 cases he decided while sitting on the D.C. Circuit Court of Appeals. There isn’t any adventurous judicial revisionism in those opinions, just a jurisprudence guided by consistent originalism.

It is true that Kavanaugh declined to answer questions about specific cases or address hypothetical situations. And granted, Kavanaugh wouldn’t answer whether a president has the absolute right to pardon himself. But when Schatz’s colleagues on the Senate Judiciary Committee ask Kavanaugh these questions, they’re asking an impartial justice to be partial to their point of view.

Soon the nation might be gripped with one of these existential constitutional questions. If that happens, sassy cat emojis won’t offer any guidance and neither will Schatz. But if confirmed, Kavanaugh will get closer to the answer to the question. He has sought to uphold the rule or law, not make it or bend it to his preferences.

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