Some people who watched Brett Kavanaugh’s unhinged testimony to the Senate Judiciary Committee on Thursday think that Kavanaugh does not have the judicial temperament to be on the Supreme Court.
But there are a lot of unhinged people in this country and shouldn’t they have some representation on the court? Why should the court just have people with calm and reasoned temperaments serving on it.
A similar type of argument was made by Republican Senator Roman Hruska of Nebraska when he defended Judge Harrold Carswell, a Richard Nixon nominee to the Supreme Court.
Addressing the Senate in March 1970, Hruska answered an argument by liberal Democrats that Carswell was too “mediocre” to deserve a seat on the nation’s highest court by saying, “Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren’t they. We can’t have all Brandeises, Frankfurters and Cardozos.”
Republican senators obviously feel no shame in advocating for unbalanced and second-rate candidates to the Supreme Court. It is something I cannot imagine Democratic senators doing. Chutzpah, thy name is GOP.
Martin H. Levinson