Rancorous, partisan start for Kavanaugh high court hearing

The week of hearings on Kavanaugh’s nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed. (AP)
Updated 05 September 2018

Rancorous, partisan start for Kavanaugh high court hearing

  • In Kavanaugh’s own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary.
  • The Supreme Court is often thought of as nine separate judges, rather than a team.

WASHINGTON: Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court “must never, never be viewed as a partisan institution.” But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump’s advocate on the high court.
The week of hearings on Kavanaugh’s nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections.
However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests.
Strong Democratic opposition to Trump’s nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller’s investigation of Trump’s 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right.
Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus.
Trump jumped into the fray late in the day, saying on Twitter that Democrats were “looking to inflict pain and embarrassment” on Kavanaugh.
The president’s comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, “selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case.”
In Kavanaugh’s own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.
With his wife, two children and parents sitting behind him, Kavanaugh called himself a judge with a straightforward judicial philosophy.
“A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. A judge must interpret the Constitution as written, informed by history and tradition and precedent,” he said.
Kavanaugh also promised to be “a team player on the Team of Nine.”
The Supreme Court is often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into conservative and liberal sides. But justices often do say they seek consensus, and they like to focus on how frequently they reach unanimous decisions.
Barring a major surprise over the next two days of questioning, the committee is expected to vote along party lines to send Kavanaugh’s nomination to the full Senate.
Majority Republicans can confirm Kavanaugh without any Democratic votes, though they’ll have little margin for error.
“There are battles worth fighting, regardless of the outcome,” Sen. Mazie Hirono, D-Hawaii, said in an unsparing opening statement that criticized Kavanaugh’s judicial opinions and the Senate process that Democrats said had deprived them of access to records of important chunks of Kavanaugh’s time as an aide to President George W. Bush.
Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. One by one, Democrats, including Kamala Harris of California, Cory Booker of New Jersey and Amy Klobuchar of Minnesota, all potential presidential contenders, demanded that Republicans delay the hearing. They railed against the unusual vetting process by Republicans that failed to include documents from three years Kavanaugh worked in the Bush administration, and 100,000 more pages withheld by the Trump White House. Some 42,000 pages were released on the evening before of the hearing.
“We cannot possibly move forward, Mr. Chairman, with this hearing,” said Harris at the top of proceedings. Grassley disagreed.
As protesters repeatedly interrupted the session, Republican Sen. Ted Cruz, who is fighting for his own re-election in Texas, apologized to Kavanaugh for the spectacle he said had less to do about the judge’s legal record than Trump in the White House.
“It is about politics,” said Cruz. “It is about Democratic senators re-litigating the 2016 election.”
The Republicans’ slim majority in the Senate was bolstered during the hearing by the announcement from Arizona that Gov. Doug Ducey was appointing Jon Kyl, the former senator, to fill the seat held by the late Sen. John McCain. When Kyl is sworn in, Republicans will hold 51 of the 100 seats.
Sens. Susan Collins of Maine and Lisa Murkowski of Alaska are the only two Republicans even remotely open to voting against Kavanaugh, though neither has said she would do so. Abortion rights supporters are trying to appeal to those senators, who both favor abortion access.
Kavanaugh sat silently and impassively for most of the day, occasionally sipping water and taking notes on senators’ points. Besides his family, he was accompanied by outgoing White House Counsel Don McGahn and Deputy Attorney General Rod Rosenstein.
Several dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. “This is a mockery and a travesty of justice,” shouted one woman. “Cancel Brett Kavanaugh!” Others shouted against the president or to protect abortion access. “Senators, we need to stop this,” called out one.
As patience thinned and tempers flared, Sen. John Cornyn, R-Texas, denounced what he called the “mob rule.” Struggling to speak over protesters, Sen. Orrin Hatch, R-Utah, said: “These people are so out of line they shouldn’t be in the doggone room.”
But Sen. Dick Durbin, D-Illinois, told Kavanaugh the opposition being shown at the hearing reflected the concern many Americans have over Trump’s “contempt of the rule of law” and the judge’s own expansive views on executive power.
“It’s that president who’s decided you are his man,” Durbin said. “Are people nervous about this concerned about this? Of course they are.”
The panel’s top Democrat, Sen. Dianne Feinstein, described the hearing’s “very unique circumstances.”
“Not only is the country deeply divided politically, we also find ourselves with a president who faces his own serious problems,” she said referring to investigations surrounding Trump. “So it’s this backdrop that this nominee comes into.”


India sends 36 ministers to restive Kashmir on charm offensive

Updated 9 min 18 sec ago

India sends 36 ministers to restive Kashmir on charm offensive

  • Ministers are on a five-day outreach mission to connect with people in the valley
  • The ministers’ visit follows a New Delhi-sponsored trip of 15 foreign ambassadors

NEW DELHI: India has dispatched dozens of ministers to its portion of the Kashmir region to promote government projects and development following months of unrest in the area.

Last August New Delhi revoked the special status of Jammu and Kashmir, imposing a security crackdown and a communications blackout. It is India’s only Muslim-majority state and scrapping its semi-independence was the central government’s bid to integrate it fully with India and rein in militancy.

Prepaid mobile and Internet services have been restored although most of the valley remains without the Internet. Landline and post-paid mobile services were restored last month. 

The 36 ministers are on a five-day outreach mission to connect with people in the valley, with media reports saying Prime Minister Narendra Modi told the delegation “to spread the message of development among the people, not only in the urban areas but also in the villages of the valley.”

He was also reported as asking them to tell people about central government schemes that will have grassroot benefits.

The ministers’ visit follows a New Delhi-sponsored trip of 15 foreign ambassadors to the region.

Jammu-based ruling Bharatiya Janata Party (BJP) leader Ashwani Kumar Chrungoo said the ministerial trip tied in with New Delhi’s development agenda.

“The ministers will interact with local-level representatives and stakeholders, and discuss the plan for the development of Jammu and Kashmir,” he told Arab News. “Kashmir cannot go back to the old ways. There are no political issues that remain here, all have been sorted out by parliament by abolishing Article 370, division of the state and neutralization of separatist elements.”

But India’s opposition Congress party said the visit was an attempt to “mislead and misguide” the people of Jammu and Kashmir.

“This is a third attempt to mislead and misguide the people of the world, Jammu and Kashmir and India. They are coming here for a third time to tell lies,” Congress leader and the former chief minister of Jammu and Kashmir Ghulam, Nabi Azad, said.

Dr. Radha Kumar, from the Delhi Policy Group, said that a development agenda would not work without addressing the political issue.

“With all the unilateral decisions to abrogate the special status of the state, arresting all the mainstream leaders and putting the state in a lockdown, how are the government’s actions so far going to establish credibility and legitimacy in the eyes of the people of Jammu and Kashmir?” Kumar told Arab News. “I think this visit is more for international consumption than anything else.”

Dr. Siddiq Wahid, a Kashmiri intellectual and academic, called the visit a “clear sign” that New Delhi had no idea what to do.

“No matter how many ministers you send to Jammu and Kashmir it’s not going to alter the ground situation, it’s not going to address the issue of alienation,” he told Arab News. “What issues will they talk about with people? The government lost the people’s trust long ago.”

The Himalayan region has experienced turmoil and violence for decades. It is claimed in full by both India and Pakistan, which have gone to war twice over it, and both rule parts of it. India’s portion has been plagued by separatist violence since the late 1980s.

Jammu-based Zafar Choudhary, a senior journalist and editor of The Dispatch newspaper, said Modi’s government was full of surprises. “There have never been so many surprises in Jammu and Kashmir as have come in the last two years,” he told Arab News. “There is no instance in the past when so many central ministers have visited a state in one go.”

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