Saturday, October 6, 2018

Living with Supreme Court damage

On the assumption that Judge Brett Kavanaugh will be confirmed today by the United States Senate to be an Associate Justice on the United States Supreme Court, the country is now confronted with the damage that the confirmation process has done to the Supreme Court.

Among other things, there is on the record that more than 1,000 law school professors signed a letter calling for the United States Senate not to confirm Judge Kavanaugh. See Newsweek article
MORE THAN 1,000 LAW PROFESSORS SIGN LETTER CALLING ON SENATE NOT TO CONFIRM KAVANAUGH

The full text of the letter can be found here. Two particular statements from the letter are:
. . .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.
 . . . . .
But we are united, as professors of law and scholars of judicial institutions, in believing that he did not display the impartiality and judicial temperament requisite to sit on the highest court of our land.
This law professors' letter sits in the middle of a media barrage of the past week opposing Judge Kavanaugh and slamming him with numerous reasons why he should not sit on the Supreme Court.

This creates a significant problem for the country in how the United States Supreme Court is undermined in the eyes of the people.

This damage to the Supreme Court could last for years, and it is unclear what, if anything, the country can do to mitigate the damage.

I will offer exploring possible ways for mitigating the damage.

First, Law profs and undoing Supreme Court damage.

[N.B. I am currently shadow banned by Twitter (see Shadow banned by Twitter) and will be using Facebook messaging and email to communicate on this subject.]

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