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I Am an Independent, Impartial Judge

Yes, I was emotional last Thursday. I hope everyone can understand I was there as a son, husband and dad.

12 Comments

By 

Brett M. Kavanaugh

Oct. 4, 2018 7:30 p.m. ET

 

United States Supreme Court Building in the evening light of sunset. PHOTO: ISTOCK/GETTY IMAGES

I was deeply honored to stand at the White House July 9 with my wife, Ashley, and my daughters, Margaret and Liza, to accept President Trump’s nomination to succeed my former boss and mentor, Justice Anthony Kennedy, on the Supreme Court. My mom, Martha—one of the first women to serve as a Maryland prosecutor and trial judge, and my inspiration to become a lawyer—sat in the audience with my dad, Ed.

That night, I told the American people who I am and what I believe. I talked about my 28-year career as a lawyer, almost all of which has been in public service. I talked about my 12 years as a judge on the U.S. Court of Appeals for the District of Columbia Circuit, often called the second most important court in the country, and my five years of service in the White House for President George W. Bush. I talked about my long record of advancing and promoting women, including as a judge—a majority of my 48 law clerks have been women—and as a longtime coach of girls’ basketball teams.

 

As I explained that night, a good judge must be an umpire—a neutral and impartial arbiter who favors no political party, litigant or policy. As Justice Kennedy has stated, judges do not make decisions to reach a preferred result. Judges make decisions because the law and the Constitution compel the result. Over the past 12 years, I have ruled sometimes for the prosecution and sometimes for criminal defendants, sometimes for workers and sometimes for businesses, sometimes for environmentalists and sometimes for coal miners. In each case, I have followed the law. I do not decide cases based on personal or policy preferences. I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.

 

RELATED

More WSJ Opinion coverage of the Kavanaugh nomination

* Review & Outlook: Kavanaugh and the Senate’s Honor

As Justice Kennedy showed us, a judge must be independent, not swayed by public pressure. Our independent judiciary is the crown jewel of our constitutional republic. The Supreme Court is the last line of defense for the separation of powers, and for the rights and liberties guaranteed by the Constitution.

The Supreme Court must never be viewed as a partisan institution. The justices do not sit on opposite sides of an aisle. They do not caucus in separate rooms. As I have said repeatedly, if confirmed to the court, I would be part of a team of nine,

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JUDGING KAVANAUGH

Lowell Ponte knocks faulty memories used as tangible evidence

WND.com, October 1, 2018  URL: https://www.wnd.com/2018/09/judging-kavanaugh/

“Can it be that it was all so simple then

Or has time rewritten every line?”

-- Lyrics from “The Way We Were”

Last week, in one of history’s most dramatic days of Senate testimony, accuser Christine Blasey Ford described persuasively her emotional alleged sexual encounter 36 years ago with now-Supreme Court nominee Brett Kavanaugh. Then came his passionate denial that any such encounter happened, leaving the nation debating which of them was lying.

Another possibility exists – that both Ford and Kavanaugh were telling what they honestly believe is “the truth” of what happened in 1982, when they were 15 and 17 years old.

Memory is a tricky thing, explains retired University of California Irvine Professor Richard McKenzie in the Wall Street Journal. “My colleague Elizabeth Loftus was able to ‘implant’ false memories” in many people, he wrote, “by showing them an official-looking poster of Disney characters, including Mickey Mouse and Bugs Bunny.”

Many of these people “later remembered meeting Bugs Bunny on a childhood trip to Disneyland. Some of them even reported that Bugs had touched them inappropriately.”

But this was impossible, he writes. “Bugs Bunny isn’t a Disney character.”

Ford, now a 51-year-old psychology professor, had no clear recollection of what happened one summer night 36 years ago until she sought out professional help to recover her memory.

Researchers believe memory is scattered as fragments in the brain. “In retrieving memories, people reassemble them,” writes McKenzie, and “fill in the blanks in the condensed version. That process is fraught with the risk of error, especially when heavy drinking or drugs are involved.”

“The more remote a memory is in time,” he writes, “the less reliable it tends to be, partly because of decay and partly because recalled memories can be corrupted by new information. New and old memories can be conflated, sometimes emerging as totally false memories.”

Ford began her effort to reconstruct her memory in 2012, at the same time Brett Kavanaugh’s name emerged in the national news as a potential Supreme Court choice of GOP candidate Mitt Romney. Ford was a Democrat partisan and pro-abortion activist paid by a “morning after” abortifacient pill manufacturer. She might have identified Kavanaugh’s name as an ideological opponent.

Republicans have already privately questioned two men who believe Ford’s memory has confused them with Kavanaugh. We know Ford’s accusations are unsupported by any independent corroboration or tangible evidence.

Current scientific research, writes McKenzie, “strongly supports deferring to long-honored legal requirements for judging the truthfulness of accusers and defenders by assessing claims with verifiable evidence.

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