Albert Mohler comments on the controversy surrounding Judge Brett Kavanaugh’s confirmation to the Supreme Court. He notes that opponents of the nomination are now saying that Kavanaugh is too “political” to be confirmed. Mohler responds:
It is the United States Senate that has the constitutional authority of advice and consent. It is that process that over the last several decades has devolved into an absolute political acid bath. Thus, it’s politically and intellectually dishonest now to argue that partisanship has entered into the equation. It has always been right there under the surface. But, ever since the Bork hearings in the 1980s, it’s no longer under the surface…
It’s intellectually dishonest for either side to say that this is a process that began with some kind of political neutrality or has ever been marked by a nonpartisan character in any moment, any hour, even any second of this process.
Those paying attention know that this analysis is spot-on. Mohler goes on to remind listeners of a little history. Throughout its history, the Senate has elevated open partisans and political figures to the high court.
When I thought of these controversies, my mind immediately went back to the late Chief Justice of the United States Supreme Court during the last half of the 20th century, Earl Warren, who of course became a liberal lion, an icon of the Supreme Court. Earl Warren had served as Governor or California, had been deeply involved in Republican presidential politics, had himself served President Eisenhower as Solicitor General of the United States, and was in that position when was nominated as Chief Justice. Needless to say, it was a highly partisan environment, and when you’re looking at individuals to sit on the court, Chief Justice Earl Warren had a clearly partisan background. By the way, when Warren did become Chief Justice, three members of the court serving with him had been former members of the United States Senate, and two had served as Attorney General under President Eisenhower. Again, all of them very politically active.
Bottom Line: To argue that Judge Kavanaugh is any more partisan than these precedents is just not credible.
You can download the rest of Mohler’s commentary here or listen below.