OPINION: Yes, Brett Kavanaugh Is Mad. And If He Weren’t, I Wouldn’t Want Him Anywhere Near The Supreme Court


Virginia Kruta Associate Editor
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Yes, Judge Brett Kavanaugh is angry. And I have seen a number of people making the argument that such raw, visceral anger is indicative that Kavanaugh does not possess the “judicial temperament” to sit on the bench in the highest court in the land.

But I would not want him anywhere near the Supreme Court if he were not angry after all that has transpired since he first sat before the Senate Judiciary Committee in early September.

For days, Kavanaugh took questions about his interpretation of the Constitution and his application of the law. His “judicial temperament” was on full display as he patiently bore witness to committee members grandstanding and repeated hypothetical questions about whether he’d uphold Roe v. Wade. He remained unshaken when raucous protests became so contentious that his daughters had to be removed from the gallery.

He showed us who “Judge” Kavanaugh was as he interviewed for a job in the highest court in the land.

But then came the 11th-hour accusations, and Kavanaugh once again found himself in front of the committee — this time fighting not for a job but for his name — and he was visibly angry.

Many have made the point that, if the allegations against him are indeed false, the damage already done to his reputation, his career and his family are certainly worthy of a little righteous indignation. But Kavanaugh’s opening statement on Thursday suggested that his anger was actually rooted somewhere else.

“This confirmation process has become a national disgrace,” he said. “The Constitution gives the Senate an important role in the confirmation process, but you have replaced with ‘advice and consent’ with ‘search and destroy.’”

As someone who has lived his life and his career in legal circles, Kavanaugh is well aware that his confirmation process has implications not just for him, but for all those who sit before that same committee, waiting to be confirmed, in the future.

He knows that if the committee gives credence to allegations against him without evidence, they will do so again — and they will do so with impunity, having set the precedent for such action with him.

He knows that the suspension of due process — and the sacrifice of “innocent until proven guilty” on the altar of “believe all women” — will not end with him.

He knows the dangers of the road we are on — and that it’s a very short trip from where we are now to committee members asking whether Kavanaugh “weighs the same as a duck.”

This is the kind of anger that makes him a good judge. This is the kind of anger that will make the Supreme Court better, the kind of anger that will make America better. This is the kind of anger we saw a glimpse of when he was asked, in his initial hearing, whether he would feel any special loyalty to President Donald Trump.

Without missing a beat, Kavanaugh whipped out his well-worn pocket Constitution and said, “This. This is what I owe my loyalty to.”

Virginia Kruta is a reporter and editor at The Daily Caller.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.