Title : The intemperance of the law professors' "judicial temperament" letter.
link : The intemperance of the law professors' "judicial temperament" letter.
The intemperance of the law professors' "judicial temperament" letter.
I see over 1,000 names on this anti-Kavanaugh letter, many of them names of people I know. I've been with a lot of law professors over the past 4 decades, and the best law professors I have known have routinely expressed disbelief that the judicial opinions they read state the real reasons why the judges decide the cases the way they do. And I don't believe the law professors when they say they oppose Brett Kavanaugh because they have concerns about his "judicial temperament."From the letter, which I'm reading in the NYT:
We regret that we feel compelled to write to you, our Senators, to provide our views that at the Senate hearings on Sept. 27, Judge Brett Kavanaugh displayed a lack of judicial temperament that would be disqualifying for any court, and certainly for elevation to the highest court of this land.He was confronted with devastating allegations that were vague and uncorroborated. He knows his own life, yet he was supposed to be committed to "judicious inquiry" about it?! He was supposed to be "open"?! He was supposed to act as though he were absorbing the facts for the first time, like a judge deciding a case? Who wrote this letter? Why did so many law professors sign this text?
The question at issue was of course painful for anyone. But Judge Kavanaugh exhibited a lack of commitment to judicious inquiry. Instead of being open to the necessary search for accuracy, Judge Kavanaugh was repeatedly aggressive with questioners.
Even in his prepared remarks, Judge Kavanaugh described the hearing as partisan, referring to it as “a calculated and orchestrated political hit,” rather than acknowledging the need for the Senate, faced with new information, to try to understand what had transpired.But the hearing really was partisan! Yes, the Senators were in a tough spot, since they were trying to figure out what happened, but Kavanaugh knows what he himself has done. Kavanaugh was supposed to be supportive of the predicament the Senators got themselves into and not defend himself vigorously?
He was under a vicious attack, and he knew it was unfair and cruel — unless he was lying. If he was lying, then that's why he shouldn't be on the Court. But this "judicial temperament" idea is designed to work even if he was telling the truth.
So we need to read this letter in light of the professors' intent. Imagine an innocent Kavanaugh, under an outrageous attack and subjected to a horrendous ordeal. He expresses indignation and challenges his accusers. But he was supposed to remain calm and be deferential to the Senators, and because he didn't — and for no other reason — he doesn't belong on the Court. Who believes that?!
Instead of trying to sort out with reason and care the allegations that were raised, Judge Kavanaugh responded in an intemperate, inflammatory and partial manner, as he interrupted and, at times, was discourteous to senators....Why would Kavanaugh need to "to sort out with reason and care the allegations that were raised" — he knows what happened in his own life — and why would 1,000 law professors say that he should have?!
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