During the confirmation hearings for Justices Gorsuch and Kavanaugh, the news media did an excellent job of covering the "cautious" approach taken to the nominees by Maine Senator Susan Collins. Collins is a pro-choice Republican who is probably as vocal an advocate for that position as many Democrats. Conservatives in the state she represents are not dominated by the religious right, and it leans toward a more moderate Democratic perspective on many issues, including this one. She appears to be pro-choice by conviction. To be as much of an advocate as she is, it would take that, rather than political expedience, to hold that position and continue to get elected in Maine.
So when failed President 45 started nominating justices to fill seats, Collins became actively engaged in the process, pointing out that she would not confirm a justice who would be committed to overturning the Roe v. Wade decision. Her activity got a lot of media attention, as you might expect to happen when a Republican senator starts to question judicial nominees from a pro-choice perspective. Both Gorsuch and Kavanaugh publicly assured Collins that they believed, as Chief Justice Roberts has stated, "The Roe v. Wade decision is the 'settled law' of the land." They used that phrase.
So this leaked brief, which appears to show the court overturning the Roe decision, raises some questions about the honesty and integrity of two Supreme Court justices.
What Are the Implications of Two Supreme Court Justices Lying to a United States Senator and Member of the Same Party as the President who Made the Nomination?
The record is clear on both Justices. They did indeed tell Collins that they believe Roe was settled law, and that the landmark decision was safe. That's all she needed to hear to vote for their confirmation.
To have two justices on the nation's highest court who were duplicitous, being dishonest to gain personal advantage, undermines the whole justice system and every value on which it is built. If they were uncertain about decisions they would make, which would be understandable given the nature of everything the Supreme Court does, they should have been honest with her, knowing that she met with them specifically over this question. If there was any doubt at all that they could not take that position, or that they wouldn't take it, they should have said so.
It's water under the bridge at this point, except that it is just one more example of the duplicity and mendacious nature of being a Republican in America in the 21st century. Conservative critics of those who wore masks and got vaccinated during the pandemic like to call them "sheep" in derision of their opinion. I'd suggest that those who ignore the lies and the corruption and continue to support Republicans like this in office are cattle, waiting for the next person to come along and tell them what to think and do, and how to vote.
How do you trust an opinion or a ruling from a judge who is willing to lie about what he will do on the bench to get put there? And once that threshold is crossed, with justices appointed who are underqualified and dishonest, and politically motivated, how do you restore the integrity and respect for the court on which they serve?
After the allegations against Brett Kavanaugh were substantiated, which is the standard required by the judiciary for proof, his nomination should have been rescinded and the President told to go back and nominate someone else. And the previous administration was in favor of upsetting the system. Knowing that older, more experienced judges, even though they may have been Republican or nominated by one, were likely to abandon personal loyalty to the president and respect the rule of law, they got bypassed in favor of guys like Gorsuch, who weren't steeped in those traditions. Of course, Clarence Thomas, given the evidence against him, should never have been put there either, but they did and the court has paid a price in losing some respect and credibility ever since then.
So, while we knew what we were getting, and this is no surprise from failed President 45, the unreliability and lack of integrity on the Supreme Court is now affirmed.
Accountability is Disappearing
Our judicial system relies heavily on trust, so there is no after-the-fact accountability for something like this. If it turns out that Kavanaugh and Gorsuch ignore their promise to a United States Senator, then trust has failed. I'm glad the Senator went way beyond a single issue and considered all aspects of the nominee in her most recent vote for a Supreme Court justice, ignoring the political craziness--and the bigotry--of her fellow Republicans.
Abortion is a very complicated issue. Justice Ginsberg was never really happy with the Roe decision, she thought it was to broad and sweeping and opened up too many possibilities at the time it was rendered. She was an opponent of abortion on demand, but she recognized that the belief that life begins at conception is wholly religious in nature, and that not all Americans accept that as true or believe it is immoral, Americans who have the same rights as those who do believe that principle. In fact, a clear majority of Americans, well over 60%, believe a woman has the right to decide.
Frankly, I'm a little bit shocked that Senator Collins stepped up to remind the country today that she had those conversations with the two nominees, and their very public answers. I know some conservatives who were very confused and very upset over a couple of SCOTUS nominees who publicly came out against overturning Roe prior to their nomination. There were some insulting, angry, vicious tweets and social media posts, which is the way Christians on the far right respond to things they don't like these days. Failed President 45 was interested in personal loyalty, and he didn't give a rip about abortion rights. This was quid pro quo to a supportive political interest group. So, it was entirely possible that he might nominate a judge who didn't care either.
But the bottom line in this little sidebar isn't abortion. It's integrity and the fact that two Supreme Court Justices may be about to demonstrate their lack of it.
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