Thursday, August 23, 2018

Dear Democratic Senator: Slow It Down If You Can't Shut It Down


I sent the following letter to my Democratic Senators in California:

First, I want to thank you for taking such a strong, principled stand in opposing Judge Kavanaugh's nomination to the Supreme Court.  I appreciate that in addition to opposing him for his outside-the-mainstream views on abortion, civil rights, workers' rights, environmental regulation and health care, you have articulated why his views on executive power should disqualify him in light of the ongoing investigation of the president.  Indeed, it would be outrageous for the president to be permitted to choose a justice who could be a critical vote on issues relevant to his own liability and that of his family and his associates.  In addition, it is beyond comprehension that a meaningful confirmation hearing could be held without essential documents that could shed light on Kavanaugh's work while in the Bush Administration on such fraught issues as torture and wiretapping -- and on whether Kavanaugh was truthful when he minimized his involvement with these matters in sworn testimony during his prior confirmation hearing for the federal bench.  So thank you.  

I am also writing out of concern that Democratic leadership may cut a deal that would permit the quick confirmation of a number of federal judges in order allow Senators running for re-election in the midterms to hit the campaign trail.  Given the pending Russia investigation, Trump's alleged involvement in violating campaign finance laws that essentially make him an unindicted co-conspirator, and the almost daily revelations of scandal and corruption, Democrats must vigorously oppose all lifetime appointments until these matters are resolved.  The Republican rush to confirm a record number of federal judges before the midterms has already proven disastrous for the judiciary, and it is far past time that you and your Democratic colleagues use every possible procedural move to slow it down if you can’t shut it down.  At the very minimum, no deals should be struck with Republicans who -- from obstructing President Obama’s nominations (including, but not limited to, Merrick Garland) to ignoring time-honored blue slips in order to advance Trump’s nominations to rubber-stamping extreme right wing Federalist Society recommendations -- have been shredding Congressional norms and Constitutional checks that have previously ensured at least a modicum of integrity and fairness in our government. 

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