The Senate Should Not Confirm Kavanaugh
Signed, 1,700+ Law Professors (and Counting)
OCT. 3, 2018
“The following letter will be presented to the United States Senate on Oct. 4. It will be updated as more signatures are received.
Judicial temperament is one of the most important qualities of a judge. As the Congressional Research Service explains, a judge requires “a personality that is even-handed, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result.” The concern for judicial temperament dates back to our founding; in Federalist 78, titled “Judges as Guardians of the Constitution,” Alexander Hamilton expressed the need for “the integrity and moderation of the judiciary.”
We are law professors who teach, research and write about the judicial institutions of this country. Many of us appear in state and federal court, and our work means that we will continue to do so, including before the United States Supreme Court. We regret that we feel compelled to write to you, our Senators, to provide our views that at the Senate hearings on Sept. 27, Judge Brett Kavanaugh displayed a lack of judicial temperament that would be disqualifying for any court, and certainly for elevation to the highest court of this land.
The question at issue was of course painful for anyone. But Judge Kavanaugh exhibited a lack of commitment to judicious inquiry. Instead of being open to the necessary search for accuracy, Judge Kavanaugh was repeatedly aggressive with questioners. Even in his prepared remarks, Judge Kavanaugh described the hearing as partisan, referring to it as “a calculated and orchestrated political hit,” rather than acknowledging the need for the Senate, faced with new information, to try to understand what had transpired. Instead of trying to sort out with reason and care the allegations that were raised, Judge Kavanaugh responded in an intemperate, inflammatory and partial manner, as he interrupted and, at times, was discourteous to senators.”
If the Senate confirms Kavenaugh to the Supreme Court, it will be one of the lowest points in American History that I could point to. Not only is this candidate a partisan without the proper temperament, but he is in this position because Mitch McConnell refused to let Obama’s spectacular choice, Merrick Garland, come to a vote. A full breach of law and order and decorum. It is not clear our country will ever recover completely from this descent into partisan and unconstitutional rubbish. The silver lining isn’t so great. There will be a blue wave to wash out the Augean Stables, that will be so severe, we will need to recreate an opposition party of merit, to replace the debauched, anti-science and anti-democratic Republican Party.