Senator Ben Sasse gets it right at the Judge Kavanaugh Congressional Judicial hearing for the SCOTUS nominee on Sept 4, 2018.
“Really, the reason these hearings don’t work is not because of Donald Trump. It’s not because of anything in the last 20 months. These confirmation hearings haven’t worked for 31 years in America,” Sasse said. “The hysteria around Supreme Court confirmation hearings is coming from the fact that we have a fundamental misunderstanding of the role of the Supreme Court in American life now.”
“Judge Kavanaugh doesn’t hate women and children,” Sasse said. “Judge Kavanaugh doesn’t lust after dirty water and stinky air. No, looking at his record, it seems to me that what he actually dislikes are legislators that are too lazy and risk-averse to do our actual jobs. It seems to me that if you read his 300-plus opinions, what his opinions reveal is a dissatisfaction, I think he would argue a Constitutionally compelled dissatisfaction, with power-hungry executive-branch bureaucrats doing our job when we fail to do it.
“And in this view, I think he’s aligned with the founders, for our Constitution places power not in the hands of this city’s bureaucracy, which can’t be fired, but our Constitution places the policy-making power in the 535 of our hands, because the voters can hire and fire us. And if the voters are going to retain their power, they need a legislature that’s responsive to politics, not a judiciary that’s responsive to politics.”