The Restoration Project (first published July 14, 2018)
No Justice for the Justice; an editorial by Michael P. Ramirez October 2, 2018
NO JUSTICE FOR THE JUSTICE
Michael P. Ramirez October 2, 2018
Supreme Court appointments are perhaps, the most important confirmations of our lifetime because they are lifetime appointments. They directly affect our lives, and American jurisprudence for decades. It is the selection of who determines the law of the land.
As a constitutional conservative, I want jurists that are eminently qualified, but are also mindful of the constitution - originalists and textualists like Scalia, and constitutionalists like Thomas. However, the mandate for the US Senate is not to approve or disapprove of the philosophical leanings of the candidate but rather, to determine whether that person is qualified to be on the Supreme Court. Advise and consent, not pick and choose. The selection of the nominee is the constitutional prerogative of the President.
Elections have consequences.
Somewhere along the way, the process changed. The Bork hearings in '87 paved the way for the nasty, disgraceful and partisan tone of future confirmation hearings. When they reopened the Clarence Thomas confirmation hearing after Anita Hill's FBI testimony was leaked, it opened a new era of how far Senate Democrats would descend from the role of advise and consent, to smear and destroy.
Anita Hill was not believable. There was little evidence to support her claim. There were many more witnesses who testified in support of Thomas' character. Thomas characterized it as a "high-tech lynching" because he was a black conservative. He was correct.
The Kavanaugh scandal is comparable to the nature of that ambush.
Christine Blasey Ford's accusation was first presented to Senator Feinstein in July, and it was conveniently "leaked" at the last moment. It is an uncorroborated accusation from thirty-six years ago. There are contradictions in Ms Ford's statements; not knowing when or where the alleged incident happened or how many people were involved. The absurd demand of her attorney for the accused to speak first and for her client not to be interrogated by lawyers, is a contradiction of due process.
A multitude of people including Democrats and Republicans, liberals and conservatives, men and women attest to Kavanaugh's impeccable character. He has no proven history of the kind of aberrant behavior alleged by Ms. Ford. The four individuals placed at the scene by Ms Ford, all deny her version of events. All deny even being there. One claimed to be her lifelong friend. The accusation clearly does not rise to the level of proof beyond a reasonable doubt, a fundamental principle in American jurisprudence.
Subsequent accusations proved to be implausible or dubious.
Certainly, serious charges should be examined. But how much further should they impact the process if they are baseless? It is not the job of the accused to disprove an unverified accusation. Judge Kavanaugh has been investigated 6 times by the FBI.
A fundamental principle of Western Jurisprudence and justice presumes innocence until one is proven to be guilty beyond a reasonable doubt. It is hard to believe that those who choose our nation's justices do not seem to understand this basic concept. The uncorroborated charges against Judge Kavanaugh and the reactions from Ford's political supporters reveal much more about them, and the Senators aligned with her, than the Judge.
The sad truth is, there are people willing to destroy a person's life and career, based on little evidence, for political reasons, as part of a political process to delay a nomination.
They should be ashamed of themselves.
Ultimately, specious charges such as these undermine real and serious cases of harassment and sexual assault.
It is a sad state of affairs and a far cry from when Supreme Court Justice Antonin Scalia was confirmed in 1986, and Justice Ruth Bader Ginsburg was confirmed in 1993. As divergent in judicial philosophy as they could be, they both had something in common... Scalia was confirmed 98-0 and Ginsburg was confirmed 96-3.
It was a better time. The United States Senate understood their constitutional role.
What has been revealed is, today, there are Senators who barely understand our constitutional rights or due process. Due process is so important to the cause of justice, it was reiterated verbatim in the Fourteenth Amendment. Perhaps, those championing this latest smear campaign against Judge Kavanaugh should go back and read the Fifth, Sixth and Fourteenth Amendment.
We have come to another junction in our history where the nation has to make a choice, and this choice will determine whether America will remain the beacon of Liberty. There are those who claim this is just a job interview. Whether in a court or in an office, is it unreasonable to ask that fairness, logic, and justice be a fundamental part of the process? America is an extraordinary country because we have always represented justice. May justice prevail.
Michael Ramirez is a two-time Pulitzer Prize winning nationally syndicated editorial cartoonist with Creators Syndicate.
Michael P. Ramirez cartoons are available in signed, limited print series
Click HERE to activate a free subscription of Hillsdale's Imprimis magazine for yourself or a friend.