The Brett Kavanaughwill be confirmed by a narrow margin to join the US Supreme Court….
Democrats gave their all…
But in the end?
They just didn’t have the votes….
It all came down to that….
A sitting justice has questioned out loud the fears of many, will the addition of Kavanaugh move the court from a jury that is balanced , or will it become a weapon of the political Right?….
With Washington still reeling from the most fractious Supreme Court confirmation battle in decades, Justice Elena Kagan warned Friday that the high court’s credibility is at risk because it now appears to lack a justice whose swing vote made the court seem more unpredictable and less partisan.
Speaking at a Princeton University conference for women, neither Kagan nor fellow Justice Sonia Sotomayor commented directly on the fight over President Donald Trump’s nominee Brett Kavanaugh or the sexual assault allegations that triggered protests and a re-opening of his confirmation hearings.
However, Kagan said the departure of the man Kavanaugh would replace — Justice Anthony Kennedy — leaves the court in danger of being perceived as a political institution rather than a neutral arbiter of disputes.
“It’s been an extremely important thing for the court that in the last 40 years, starting with Justice [Sandra Day] O’Connor and continuing with Justice Kennedy, there has been a person who found the center, where people couldn’t predict in that sort of way,” Kagan said. “That’s enabled the court to look so it was not all by one side or another and it was indeed impartial and neutral and fair. And it’s not so clear that I think going forward that sort of middle position — it’s not so clear whether we’ll have it.”
“All of us need to be aware of that — every single one of us — and to realize how precious the court’s legitimacy is,” Kagan declared, with her warning drawing protracted applause from the Princeton crowd. “It’s an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply extension of a terribly polarizing process.”
Sotomayor said she “agreed wholly” with Kagan’s statement. Sotomayor said some of the perceived polarization of the court is related to the two major political parties aligning themselves for or against particular legal theories like originalism.
“When the political parties adopted that language as their own, they superimposed that on the court,” she said. “I think that that, institutionally, has hurt the court a lot and may continue to do so.”
Sotomayor said she tries to build bonds with other justices on the court, including some she rarely aligns with on cases, like Justice Clarence Thomas….