SLOAN | Glaring double standard undercuts Colorado Dems’ outrage over Kavanaugh

I wrote in this space, back in July, that the confirmation hearings for Brett Kavanaugh would descend into a Borking for the ages. Sometimes I regret always being right.

Herewith, a few thoughts at the conclusion of the business:

The juxtaposition of the Democrats’ silence regarding the evidence-backed allegations against Mayor Hancock with the often vituperative rage generated by the unsubstantiated allegations made against Judge Kavanaugh are striking, but unsurprising given the cataclysmic angst displayed among the left at the prospect of losing guaranteed creative ability in the Supreme Court. One would think that such acts committed by a mayor of a major city would warrant an appropriately high level of consternation, but the fact is that a mayor lacks the socially transformative ability that has somehow been conferred to the SCOTUS, a fact of political, and therefore more immediate, concern.

Which brings us to the crux of the whole matter, and that is the elevated status of the Supreme Court. I’ve written about this before, so won’t belabor the point, but if Supreme Court justices would restrict themselves to their role – interpreting the Constitution and the law, not rewriting either – then the appointment of a replacement justice would not be cause for inflicting such deep wounds on the nation. The ongoing battle between legislative intent and judicial creationism has brought us to this point, lending comfort to the argument in favor of emphasizing the former.

There is always, of course, the political question; how will this impact the upcoming election? Indications are that anger over what is seen as politically motivated character assassination has galvanized Republicans, prompting them to turn out. The episode has stirred up Democrats too, but then they were already energized.

Sweeping up the pieces in the aftermath, we are left with the realization that the system ultimately worked, but in getting there disgraced itself. Moreover, we’ve probably not seen the worst yet. Oh how I wish I could be wrong for once.

 

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