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An Open Letter to the Senate of the United States
Free Republic ^ | 9/23/18 | vanity

Posted on 09/23/2018 10:13:47 AM PDT by conservatism_IS_compassion

Whether or not Judge Kavenaugh is seated as a SCOTUS justice, the people on President Trump’s list of potential SCOTUS nominees need to take action. They need to write an open letter to the Senate Majority Leader and the Chairman of the Senate Judiciary Committee - with a copy to POTUS Donald Trump. My suggestion for its contents follows.


TOPICS: Society
KEYWORDS:
We the undersigned have been honored to have been listed, along with Justice Gorsuch and Judge Kavenaugh, as the people the President of the United States would consider for nomination to SCOTUS. But in light of the experience of Judge Kavenaugh, undergoing the gauntlet of the senate confirmation process in its modern form is a mixed blessing indeed. Each of us signs this letter in solidarity with all our colleagues, each of whom would be honored to serve on SCOTUS but none of whom actually needs to be a justice of the SCOTUS.

In any other context than confirmation to SCOTUS, of course, any of us would be honored to meet any member of the United States Senate. But in light of the regrettable experience of Judge Kavenaugh and his family, the modern form of the confirmation process - which is almost entirely a 20th Century innovation - is obsolete. The Senate is on notice that, should any of the undersigned be honored by nomination to SCOTUS,

  • the nominee will not visit any senators.
  • the nominee will not meet with any committee of senators.
  • the nominee will not appear on TV with the president. And,
  • the nominee will withdraw his name from consideration if the Senate or any committee thereof discusses the nomination on TV.

The nominee will respectfully respond to written interrogatories from the Chairman and Ranking Member of the Senate Judiciary.

Respectfully submitted,

. . .


1 posted on 09/23/2018 10:13:47 AM PDT by conservatism_IS_compassion
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To: boxlunch; ransomnote; IChing; Bratch; laplata; chiller; ebiskit; TenthAmendmentChampion; Obadiah; ..

Ping.


2 posted on 09/23/2018 10:16:42 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion

the nominee will withdraw his name from consideration if the Senate or any committee thereof discusses the nomination on TV.


So one Senator can kill a nomination by mentioning it on TV?


3 posted on 09/23/2018 10:23:27 AM PDT by hanamizu
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To: conservatism_IS_compassion

A stupid suggestion with an obvious intent to lessen the transparency in SC confirmations. Furthermore, it gives any TV exposure as an excuse to withdraw. That is an arm that does not strengthen the nominee but weakens hum. in fact, this does nothing to help the nominee. We want SC Justices who are strong men, not withering wildflowers.


4 posted on 09/23/2018 10:41:17 AM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: conservatism_IS_compassion

I would agree, except for the fourth item. Also, I would add that since the advice and consent envisioned by the Constitution did not, and does not, require referral to a committee for hearings and testimony by the nominee, hearings hereafter shall be dispensed with and the nomination be considered directly by the full senate.


5 posted on 09/23/2018 10:43:02 AM PDT by Salvey
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To: hanamizu
So one Senator can kill a nomination by mentioning it on TV?
If any Committee Chairman convenes a meeting to discuss the nomination on TV - that would constitute setting up the nominee to be trashed on TV. To which no judge - no one distinguished enough to be a SCOTUS justice - should allow him/her self to be subjected.

This whole thing is directed primarily at Chuck Grassley and his committee. Nothing resembling - or susceptible of being reduced to - the circus in the Judiciary Committee should be tolerated by any SCOTUS nominee. You can’t prevent Democrat from acting like Democrats - but with the Republicans in charge of all Senate committees, you can stop Democrats from acting like Democrats in the name of any Senate body.

And since Trump’s list is finite and concrete, they are empowered to insist on better treatment. Grassley and his ilk lose the authority to allow the abuse of the reputation of a SCOTUS nominee. If the Majority Leader sees this happening he can demand an immediate vote on the nomination, bypassing Judiciary altogether. Or else see the Senate tied up going from candidate to candidate, with no progress. The next guy down the list will be no different than the one you have now.

It gives the nominee more prestige, puts him on the same level, in a sense, as the chairman of the Judiciary Committee. Where he will remain, until and unless confirmation of his nomination fails.


6 posted on 09/23/2018 10:58:20 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: Mollypitcher1
We want SC Justices who are strong men, not withering wildflowers.
. . . and somehow you think that someone who says up front
" I don’t need this job - and will walk away from it if you do not accord me respect”
is “weak?"

7 posted on 09/23/2018 11:07:13 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: Salvey
I would agree, except for the fourth item. Also, I would add that since the advice and consent envisioned by the Constitution did not, and does not, require referral to a committee for hearings and testimony by the nominee, hearings hereafter shall be dispensed with and the nomination be considered directly by the full senate.
My proposal stops just short of yours; there’s nothing wrong in principle with conducting Judiciary Committee discussions of the nominee’s record or of his responses to written interrogatories - without television and without the nominee being expected to answer extemporaneously.

I’m not sure why you seem to like televised committee meetings but don’t want any meetings at all.


8 posted on 09/23/2018 11:14:34 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion
Just send them a postcard.

Dear Senate,

"We are sick of your shit."

Sincerely,
America

9 posted on 09/23/2018 11:20:25 AM PDT by P8riot (I carry a gun because I can't carry a cop.)
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To: conservatism_IS_compassion

I like televised committee hearings? No, I don’t, as they only serve as a soapbox for grandstanding by low-IQ senators and representatives.


10 posted on 09/23/2018 11:24:21 AM PDT by Salvey
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To: P8riot
That is precisely the idea.

My point being, that the group of people on President Trump’s list of SCOTUS possibilities are uniquely situated - and motivated - to do just that.


11 posted on 09/23/2018 11:44:19 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: Mollypitcher1
an obvious intent to lessen the transparency eliminate the grandstanding in SC confirmations.

does not strengthen the nominee but weakens hum. in fact, this does nothing to help the nominee.

It in fact creates a “union” of potential SCOTUS nominees. And thereby elevates the actual nominee - because of the lack of any implicit competition among possible nominees - to very nearly the status of a senator or a sitting SCOTUS justice.

“You don’t like the fact that I don’t go from one senator’s office to another, begging for votes like a politician? Suck it up: no nominee of President Trump is gonna do that."


12 posted on 09/23/2018 11:58:19 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion

It in fact creates a “union” of potential SCOTUS nominees.
.....................................................
Sorry, but I’ll stick with transparency. I believe in individualism which is a personal trait that built this country. The individual should be examined wih the utmost transparency.
When circus tactics do not yield resuls they will pass by the wayside.Don’t give in to their Marism chatter. STAY wwith the Constitution. It is tth Constitution under attack and hass been for some time.


13 posted on 09/23/2018 3:32:15 PM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: conservatism_IS_compassion

I don’t like that entirely. I think the list of potential nominees, who, are already judges, and have been confirmed before,should say, “Look back at my confirmation. Nothing has changed.” .....or note what has changed.

Allow no questioning except by letter.

This unhinged Democrat cabal has got to be headed.


14 posted on 09/23/2018 5:20:12 PM PDT by jch10 (Kavanagh: the last " R " to accept a presidential nomination, ever.)
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To: Mollypitcher1
When circus tactics do not yield results they will pass by the wayside.
. . . but in the meanwhile the circus attacks call into question whether any Republican is prudent to accept a nomination to SCOTUS.
Don’t give in to their Marism chatter. STAY with the Constitution.
Nothing I propose has any relation to compromising the Constitution. Far from it, it represents a return to pre-20th Century practice.

This strategy wouldn’t be possible without the Trump list, and his demonstrated determination to adhere to his campaign promise. That is the historical opportunity which has dropped into the collective lap of the “candidates” Mr. Trump has named.

Solidarity among them would enable the first one picked to refuse any opportunity to compromise his own dignity by in any way (at all) “campaigning” for Senate votes, or by putting themselves in a position for the “clowns” to conduct a humiliating spectacle with the imprimatur of the Senate. When there is a long list of potential nominees, and every one of them is committed to standing up for the dignity of the “position” of SCOTUS nominee, the first one picked cannot be bullied.


15 posted on 09/23/2018 6:17:09 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: jch10
I think the list of potential nominees, who, are already judges, and have been confirmed before,should say, “Look back at my confirmation. Nothing has changed.” .....or note what has changed.

Allow no questioning except by letter.

This unhinged Democrat cabal has got to be headed.

Well stated. Why then object
I don’t like that entirely.
When that is the intent and, as far as I can see, the practical result of implementing my plan?

16 posted on 09/23/2018 6:21:12 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion

. but in the meanwhile the circus attacks call into question whether any Republican is prudent to accept a nomination to SCOTUS.
...........................................................
Holy Cow, ANOTHER Perfumed Prince who insists REPUBLICANS must quit because getting down and dirty in a battle for the future of the country is unseemly!This country was built on battles and nothing is going to change just because you ask for it nice and polite.

Samuel Adams

“Contemplate the mangled bodies of your countrymen, and then say ‘what should be the reward of such sacrifices?’ Bid us and our posterity bow the knee, supplicate the friendship and plough, and sow, and reap, to glut the avarice of the men who have let loose on us the dogs of war to riot in our blood and hunt us from the face of the earth? If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!” — Samuel Adams


17 posted on 09/23/2018 7:36:28 PM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Mollypitcher1; hanamizu; Salvey; P8riot; jch10
Things have only gotten worse. The lesson of this travesty is that the reputation of the Senate Judiciary Committee - and hence of the Senate itself - has been compromised. The Senate Judiciary Committee is not now serviceable in vetting a nominee for SCOTUS, since anyone whom POTUS Trump would consider nominating knows better than to submit his/her reputation to its process. And the Senate as a body is no more trustworthy in that role.

This means that any future Trump nominee for SCOTUS - for the Kennedy seat or any other - will insist that Mr. Trump accept the advice of the Senate Majority Leader in selecting his nominee. And have the Majority Leader’s commitment that the full senate will expeditiously - read, before the Democrats have time to mount a campaign of calumny on the nominee - vote on confirmation of the nomination. And will enforce that commitment by withdrawing his name for consideration if he feels it is necessary.

If the current nomination fails of confirmation, Judge Kavenaugh will have no recourse other than to sue for libel, slander, and defamation. And he should not rely only on the obvious actual malice in the case, but should also claim that a judge or judicial nominee is presumptively not a “public figure” who even needs to prove “actual malice.” And that Times v. Sullivan should be overturned.


18 posted on 09/25/2018 2:47:33 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion

Did you ever hear of the “darkness before the dawn?” I believe the lesson of this controversy has been the unveiling of the ddeep state and above all, the unAmerican Activities which have been going on for longer than we would like to admit. Frankly, anyone not willing to take a risk has no business being elected a leader in the Senate or any other function of our government. We DO NOT need MORE CONTROL over the committees. We need more elected officials to be HELD RESPONSIBLE for their actions. Until the Judiciary gets cleaned out of the liberals, nothing will unction as it should. The only way to achieve that is to votee people into office who have something to offer to the good sense governing of our society. We must put an end to unlimited terms. Career politicians are what ruined Europe. It is little different from a monarchy. I would expect anyone nominated by Trump to have the intestinal fortitude to face and fight the enemy, NOT to be a lily-white pansy and shiver in his boots at a cross word. We did not win this country by negotiating with George III. That attempt failed bigtime. We won this country by FIGHTING FOR FREEDOM and achieved the greatest country the world has ever seen.
“Know your enemy” is one of the wisest tenets ever written. We now know the enemy and he is ours!


19 posted on 09/25/2018 4:11:07 PM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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