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Monday, September 17, 2018

Appointment of Judge Kavanaugh to the Supreme Court


President Trump’s appointment of Judge Kavanaugh to the Supreme Court should be withheld until the completion of Robert Mueller’s Special Counsel Investigation.  If President Trump or anyone else who might be charged as a result of the investigation is convicted and that conviction is carried forward to the Supreme Court, for Judge Kavanaugh to have even the minutest part in any decision regarding their guilt or innocence would, in light of his refusal to recuse himself, be a conflict of interest. Some might say that is arguable, but that is my opinion.

That having been said, I’ll summarize other thoughts I have on the matter: 

First, I am neither a Republican nor a Democrat. I am an American. After God and my family, my country comes first. If those who represent us in our government cared more for our country and less for their parties, they would work together and our nation wouldn’t be in the disastrous shape it is in. [It, Our Great Nation, We] are in peril. I believe that.

Second, I can’t help but agree with some that this is a political ploy by the Democrats to stall the approval of Judge Kavanaugh to the court. So be it. What else can they do? The Republicans wouldn’t hesitate to “follow suit” under similar conditions were circumstances to be reversed. Let’s quit wasting time and money arguing these superfluous things. Let’s quit majoring in minors and minoring in majors. This appointment must wait—whatever.

Third, let’s look at the picture from the top down—the issue at hand. Our political views notwithstanding, our nation, the United States of America and the people therein (Us), are the greatest, richest, most powerful society in the history of civilization—since Adam and Eve, if you will (just to put things in perspective). There are others coming on; but, for now, that’s a fact! We are no “Johnny come lately”. We are not an opinion on a “street corner”.

Winston Churchill (In my mind, one of the greatest leaders in history) once said (and I paraphrase), “A democracy is the worst form of government there is, but I know no other”. It is said. We know. Our nation is a nation of law. As huge and complex as we are, we are held together only by a piece of paper, our Constitution, written 250 years ago by, arguably, some of the smartest men on earth. Think about that; and, as you do, think also about how vastly our nation, our people—our whole society—have changed and advanced in knowledge, technology, attitudes, values, work ethics, and so on. One can immediately recognize that our Constitution must and has advanced in support of these changes. Our Constitution, the law that binds us as a nation, is all that enables our form of government to work.

And who do you think has the responsibility to interpret the underlying concepts of our Constitution that bind the laws of our land written by our elected representatives in Congress? You know, but I’ll tell you anyway—the most powerful men and women in our great nation; and, therefore, the most powerful and responsible people in the history of civilization—the members of the Supreme Court of The United States of America. That’s who. That’s who to whom we are considering the appointment of Judge Brett Michael Kavanaugh; and, at his current age, he may be in that position for the next 40 years (He was born February 12, 1965). His technical qualification notwithstanding (and he is definitely qualified technically—no argument there), don’t you think we should look also very carefully at him personally, i.e. character, morals, opinions, objectivity, etc?  

Books have been written about our Constitution, our courts, etc; and, since I haven’t read any of them, I won’t even attempt to discuss them here; but I want to make one last observation before I close. It is my understanding that, when a Justice of the Supreme Court decides upon a case, he is not “trying” the case. The case has already been decided by a lower court and reviewed by a court of appeals. The responsibility of the Justice of the Supreme Court is to review the case in light of the particular part or parts of the Constitution to which it applies to determine its compliance and, therefore, its legality. Obviously, this can be a highly complicated determination, but I believe the introduction of politics (Republican, Democrat, or whatsoever) or prejudice into the equation should not happen under any circumstance. To do otherwise is tantamount to legislating and that is the job of our Congress. It is also dishonest.

That’s my view.

Ronald Miller










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