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	<title>
	Comments on: Mike McConnell on the Brett Kavanaugh nomination	</title>
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	<link>https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Thu, 06 Sep 2018 13:51:11 +0000</lastBuildDate>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349596</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Thu, 06 Sep 2018 13:51:11 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72598#comment-349596</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349561&quot;&gt;MattS&lt;/a&gt;.

I like MattS&#039;s proposal.  There should still be a *reasonable* amount of discovery and written questions, just not the media circus.  Justices might be confirmed within 30 days with a 75% vote, while a simple majority would suffice after 60 days.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349561">MattS</a>.</p>
<p>I like MattS&#8217;s proposal.  There should still be a *reasonable* amount of discovery and written questions, just not the media circus.  Justices might be confirmed within 30 days with a 75% vote, while a simple majority would suffice after 60 days.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349561</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Wed, 05 Sep 2018 15:18:52 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72598#comment-349561</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349543&quot;&gt;wfjag&lt;/a&gt;.

There is an easy way for the Republicans on the committee to get around these shenanigans, but they probably won&#039;t do it because they&#039;ll want to engage in exactly the same shenanigans the next time the Democrats control both the White House and the Senate.

The simple solution is this.  Cancel the public confirmation hearings and send the nomination for an up/down vote by the full Senate Without it.

The Senate didn&#039;t start holding public confirmation hearings on nominees until 1916, and they weren&#039;t routinely held for all judicial nominees until 1946.

Prior to 1919, the nominees were sent for a full vote with a recommendation by the committee, without the committee actually interviewing the nominee.

The public confirmation hearings have NEVER been about anything other than political theater and giving those opposed to the nominee a platform to smear/slander the nominee with impunity.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349543">wfjag</a>.</p>
<p>There is an easy way for the Republicans on the committee to get around these shenanigans, but they probably won&#8217;t do it because they&#8217;ll want to engage in exactly the same shenanigans the next time the Democrats control both the White House and the Senate.</p>
<p>The simple solution is this.  Cancel the public confirmation hearings and send the nomination for an up/down vote by the full Senate Without it.</p>
<p>The Senate didn&#8217;t start holding public confirmation hearings on nominees until 1916, and they weren&#8217;t routinely held for all judicial nominees until 1946.</p>
<p>Prior to 1919, the nominees were sent for a full vote with a recommendation by the committee, without the committee actually interviewing the nominee.</p>
<p>The public confirmation hearings have NEVER been about anything other than political theater and giving those opposed to the nominee a platform to smear/slander the nominee with impunity.</p>
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		<title>
		By: wfjag		</title>
		<link>https://www.overlawyered.com/2018/09/mike-mcconnell-on-the-brett-kavanaugh-nomination/comment-page-1/#comment-349543</link>

		<dc:creator><![CDATA[wfjag]]></dc:creator>
		<pubDate>Tue, 04 Sep 2018 21:43:04 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72598#comment-349543</guid>

					<description><![CDATA[This is about acting like the kid in the grocery store line who throws a temper tantrum so Mom or Dad or someone will buy him candy or a toy.  In this case, the toy or candy is air time on various TV channels with lots of adjectives like &quot;brave&quot; or &quot;insightful&quot; and getting your name spelled right in newspapers so you can do the Sunday shows.

It&#039;s not about a &quot;backlash&quot; involving Judge Garland.  Judge Kavanaugh  was one of the Judges who signed a letter supporting Judge Garland.  Won&#039;t hear that fact repeated by our &quot;news&quot; organizations, but, I suspect that it will be brought out when someone needs to be embarrassed. .

It&#039;s not about his qualifications.  With over 300 majority opinions, over 100 dissents, and over a dozen times the Supreme Court has adopted his position (sometimes unanimously), his approach to applying the law to the case is well understood for anyone who wants to take an honest look.  He decides cases. He doesn&#039;t make policy.

It&#039;s not about his character or personal life.  He bought baseball tickets, called 911 to report his car stolen, coaches his daughters&#039; basketball team, and serves food to the poor.

It&#039;s not about convincing some Republican Senators to jump ship -- not after Sen Kyl was appointed to serve out McCain&#039;s term.  That makes a solid 50+ votes to confirm, meaning that Republicans who might have been considering to vote not to confirm will probably go along, and 5 - 6 vulnerable Dems will go along and vote to confirm.  This will drive the Dem base crazy since it means that Kavanaugh will have &quot;bipartisan support&quot; for confirmation.

Accordingly, that leaves only attention seeking misbehavior as a reason to continue the attacks on Judge Kavanaugh.]]></description>
			<content:encoded><![CDATA[<p>This is about acting like the kid in the grocery store line who throws a temper tantrum so Mom or Dad or someone will buy him candy or a toy.  In this case, the toy or candy is air time on various TV channels with lots of adjectives like &#8220;brave&#8221; or &#8220;insightful&#8221; and getting your name spelled right in newspapers so you can do the Sunday shows.</p>
<p>It&#8217;s not about a &#8220;backlash&#8221; involving Judge Garland.  Judge Kavanaugh  was one of the Judges who signed a letter supporting Judge Garland.  Won&#8217;t hear that fact repeated by our &#8220;news&#8221; organizations, but, I suspect that it will be brought out when someone needs to be embarrassed. .</p>
<p>It&#8217;s not about his qualifications.  With over 300 majority opinions, over 100 dissents, and over a dozen times the Supreme Court has adopted his position (sometimes unanimously), his approach to applying the law to the case is well understood for anyone who wants to take an honest look.  He decides cases. He doesn&#8217;t make policy.</p>
<p>It&#8217;s not about his character or personal life.  He bought baseball tickets, called 911 to report his car stolen, coaches his daughters&#8217; basketball team, and serves food to the poor.</p>
<p>It&#8217;s not about convincing some Republican Senators to jump ship &#8212; not after Sen Kyl was appointed to serve out McCain&#8217;s term.  That makes a solid 50+ votes to confirm, meaning that Republicans who might have been considering to vote not to confirm will probably go along, and 5 &#8211; 6 vulnerable Dems will go along and vote to confirm.  This will drive the Dem base crazy since it means that Kavanaugh will have &#8220;bipartisan support&#8221; for confirmation.</p>
<p>Accordingly, that leaves only attention seeking misbehavior as a reason to continue the attacks on Judge Kavanaugh.</p>
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