How could anyone forget Senator Lindsey Graham’s diatribe over Bret Kavanaugh’s treatment by the Senate Judiciary Committee in 2018?
Since Justice Ginsburg passed, people have been expressing either their glee or dismay that whomever President Trump nominates for the seat on the Supreme Court will experience a virtual lynching by the Senate Judiciary Committee. But I’d like to suggest that Senator Graham, who is now head of the Committee, consider including the following remarks in his opening statement:
To My Colleagues on the Senate Judiciary Committee—
Two years have passed since the vote to seat Justice Bret Kavanaugh on the Supreme Court. The memories of that process still sicken and distress me; I fear that no one has learned from that experience and decided to restore dignity to this committee or its interview process, and that the nominee will be treated as outrageously as Justice Kavanaugh.
Some of you are also upset because the President acted so promptly to fill that position. It is his right and obligation to do so. You may feel that it is disrespectful to Justice Ruth Bader Ginsburg. So instead of dwelling on that proposition, I suggest that we use Justice Ginsburg’s life as a testament to the way this Committee should proceed.
First, when interviewed following the approval of Justice Kavanaugh, Justice Ginsburg was disturbed by what had taken place. Her own nomination and interview process and that of her dear friend, Justice Antonin Scalia, were handled with dignity; both of them were overwhelmingly approved, in spite of their differences in viewpoints. She responded to a question about the past and the present:
California Supreme Court Justice Goodwin Liu interviewed Ginsburg during the live discussion, asking her to compare her confirmation process to what was presently happening with Kavanaugh’s.
Ginsburg offered a succinct response, which was met by applause and laughter from the audience: ‘The way it was, was right. The way it is, is wrong.’
Justice Ginsburg also did not let politics get in the way of her working relationships with her colleagues, who were on both sides of the political spectrum. Here is Justice Thomas’ response to her death:
Thomas wrote he was heartbroken to learn of her passing. ‘Through the many challenges both professionally and personally, she was the essence of grace, civility and dignity. She was a superb judge who gave her best and exacted the best from each of us, whether in agreement or disagreement. And, as outstanding as she was as a judge, she was an even better colleague – unfailingly gracious, thoughtful, and civil.’ [italics are mine]
Justice Kagan also shared her thoughts:
‘Ruth reached out to encourage and assist me in my career, as she did for so many others, long before I came to the Supreme Court,’ Kagan said. ‘And she guided and inspired me, on matters large and small, once I became her colleague. I will miss her — her intellect, her generosity, her sly wit, her manifest integrity, and her endless capacity for work — for the rest of my life.’ [italics are mind]
Let’s remember Justice Ginsburg’s legacy today and throughout these procedures by pointing to her gift for kindness, professionalism, and courtesy, in our own interview procedures. Let’s transcend the past. Let’s remember her example of treating people with respect, no matter whether she agreed with their points of view or not.
Let’s use this moment to demonstrate to all Americans that the process for interviewing a nominee to the Supreme Court is not broken, and rise above our differences as we move forward.
Let’s honor the legacy of Ruth Bader Ginsburg.
* * * * *
The possibility of Senator Graham beginning the hearings in this manner is slim to none. If he does, he will not only have put the Committee members on notice regarding their behavior, but he will be telling the country that there is one place where Justice Ginsburg will be honored, no matter who appears before the Committee.
We can hope.
Published in Politics
Spot on.
Graham’s re-election is by no means assured, mainly because of disaffected conservative voters in South Carolina. So between now and Nov. 3, conservative voters there hold a lot of power over Lindsey, unless he somehow thinks not starting the hearing process ASAP for Trump’s nominee is a winning strategy.
If he’s seen as dragging his feet over the next five weeks in order to make people inside the Beltway happy, he could find himself a lame duck Senator come Nov. 4. Win or lose, once we get past Election Day, Graham no longer has to be responsive to the voters, just as John McCain was all for the border wall right up until the votes were counted in his final election (and while I do think Lindsey’s outrage at the Democrats was real during the Kavanaugh hearings and not just for show, he does seem to still have vestagaes of the Charlie Brown-and-Lucy-with-the-football attitude towards either forgetting what Democrats did the last time, or somehow thinking the next time is going to be different).
The best argument for supporting Graham’s re-election is what he does to get a Supreme Court justice confirmed by election day. The effect of that nominee is of more consequence than a weasily Senator continuing to betray his constituency on other issues . That bargain must be firm and express.
@jon1979, I’m not clear on why you think it wouldn’t be a winner strategy for him to go whole hog?
The entire process of Supreme Court confirmations went into the sewer with Ted (Lion of the Senate) Kennedy’s behavior during the Bork confirmation hearings. Since then, it’s been open season on all nominations from a Republican President. For their part, Republicans have merely rolled over for virtually every nomination from a Democratic President. Absolutely shameful behavior on their part.
The Democrats merely raised (or lowered, depending on your definition) the bar during the Kavanaugh hearings. I don’t believe that these hearings were ever meant to be the circuses that they have turned into. However, for Democrats, no sort of deviant behavior on their part will ever be off the table.