Court in Crisis: How Much Partisan Justice Is Too Much?

This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.

— Judge Brett Kavanaugh’s Senate testimony, September 27, 2018

The integrity of the US judicial system is actively, albeit quietly, in play. A sitting federal judge, or more likely a panel of sitting federal judges, will be required in the near future to render an assessment of the honesty, integrity, and fitness of a Supreme Court justice to retain his lifetime appointment. The process and the result of the federal judges’ decision will, together, render a judgment as to the integrity of not just one Supreme Court justice but the federal courts as a national institution.

The stakes are as high as they are simple: Will our court system choose to defend the position of its own members or will it choose to defend the integrity of the US judicial system? There is no possibility it can do both with any credibility.

This is a morality play that began at a time uncertain, reaching back decades. The curtain opened as the president named Brett Kavanaugh to fill a seat on the Supreme Court despite – or because of – his long history of playing Republican hardball against the Clintons over Whitewater, against the Clintons over Monica…

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