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.”


A tale of two cities: Project aims to retell lost stories from Lahore, Delhi

Updated 22 January 2020

A tale of two cities: Project aims to retell lost stories from Lahore, Delhi

  • Will give migrants a virtual tour of their childhood towns and homes torn apart by partition of 1947

NEW DELHI: Sparsh Ahuja and Ameena Malak grew up listening to their grandparents narrate stories of the partition from 1947.
Ahuja’s grandfather, Ishar Das Arora, was 7 years old when the Indian subcontinent was divided into two by the British, creating India and Pakistan. 
More than 14 million people were displaced at the time, and about one million perished in the fighting that followed.
Arora moved from a Pakistani village, named Bela, to Delhi after living in several refugee camps and escaping the violence.
Meanwhile, Malak’s grandfather, Ahmed Rafiq, moved from the Indian city of Hoshiarpur to Pakistan’s Lahore.
Now in their 70s, both the grandparents yearn to go back home and see the places where they were born and spent their childhoods. 
However, the constant uncertainty in the relationship between India and Pakistan and their old age has made the task of visiting their respective birthplaces extremely difficult.
To fulfill the wishes of their grandparents, and several others who yearn to visit their ancestral homelands, Ahuja and Malak decided to launch Project Dastaan (story).
“What started as an idea for a student project last year at Oxford University became a larger peace-building venture,” Ahuja, the director of the project, said.
Project Dastaan is a university-backed virtual reality (VR) peace-building initiative reconnecting displaced survivors of partition with their childhood through bespoke 360-degree digital experiences.
Backed by the South Asia Programme at Oxford, it uses VR headsets to give these migrants, who are often over 80 years old, a virtual tour of their childhood towns and homes. It shows them the people and places they most want to see again by finding the exact locations and memories that the survivors seek to revisit, and recreates them.
“It is a creative effort to start a new kind of conversation based on the direct experience of a now-foreign country in the present, rather than relying upon records and memories from the past,” Ahuja told Arab News.
He added that Pakistan-based Khalid Bashir Rai “teared up after his VR experience, and told us we had transported him back” to his childhood.
“At its heart, the project is a poignant commentary on its own absurdity. By taking these refugees back we are trying to highlight the cultural impact of decades of divisive foreign policy and sectarian conflict on the subcontinent. This is a task for policymakers, not university students. In an ideal world, a project like this shouldn’t exist,” Ahuja said.
Other members of Project Dastaan — Saadia Gardezi and Sam Dalrymple — have a connection with partition, too. Gardezi grew up with partition stories; her grandmother volunteered at refugee camps in Lahore, and her grandfather witnessed terrible violence as a young man.
Dalrymple’s grandfather had been a British officer in India during the twilight years of the British Empire. So scarred was he by the partition that he never visited Dalrymple’s family in Delhi, even after 30 years of them living there.
“I think Dastaan is ultimately about stripping away the layers of politics and trying to solve a very simple problem: That children forced to leave their homes, have never been able to go back again,” Dalrymple told Arab News.
Ahuja added: “The partition projects are a peace offering in the heart of hostility. It is an attempt at creating a wider cultural dialogue between citizens and policymakers of the three countries.”
The project aims to reconnect 75 survivors of the partition of India, Pakistan and Bangladesh with their childhood memories, when the subcontinent observes 75 years of partition in 2022.
Project Dastaan is also producing a documentary called “Child of Empire” that will put viewers in the shoes of a 1947 partition migrant, and will be shown at film festivals and museums.