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Tags: committee | flake | grassley | judiciary | zelina | maxwell

Cruz Compares Kavanaugh With Garland: Liberals Lose Memory

Cruz Compares Kavanaugh With Garland: Liberals Lose Memory

Sen. Ted Cruz, R-Texas, campaigined for the presidency in Madison, Wisconsin, in March of 2016. More recently, he compared U.S. Supreme Court nominee Judge Brett Kavanaugh’s voting record on the District of Columbia Circuit with that of Judge Merrick Garland, an Obama March, 2016 nominee. (Jhansen2/Dreamstime)

Michael Dorstewitz By Thursday, 06 September 2018 02:28 PM EDT Current | Bio | Archive

During Wednesday’s round of U.S. Senate Judiciary Committee questioning of Judge Brett Kavanaugh, a name was brought up that’s still a sore point with Democratic lawmakers — U.S. Chief Circuit Judge Merrick Garland.

Garland was former President Barack Obama’s unsuccessful Supreme Court nominee — a nomination that Republican leadership thwarted because it was made during a presidential election year.

And it was evoked by Sen. Ted Cruz, R-Texas,  when he compared and contrasted Kavanaugh’s voting record on the District of Columbia Circuit with that of Garland.

As it turned out, there isn’t much difference. Liberals were enraged.

"I took a look at your record compared to that of Judge Merrick Garland’s," Cruz began.

"What I found that was striking was that in the 12 years you’ve been on the D.C. Circuit, of all the matters that you and Chief Judge Garland have voted on together, that you’ve voted together 93 percent of the time," Cruz observed.

"Not only that, of the 28 published opinions that you’ve authored, where Chief Judge Garland was on the panel, Chief Judge Garland joined 27 of the 28 opinions you issued when you were on the panel together," Cruz continued.

"In other words, he joined 96 percent of the panel opinions that you’ve written when he was on the panel with you. And the same’s true in the reverse. Of the 30 opinions Chief Judge Garland has written on a panel, you’ve joined 28 out of 30 of them — over 93 percent of those opinions.”

Cruz then asked Kavanaugh for his reaction to the figures.

"Well, I think we’re trying hard to find common ground, and to — as I’ve said before, he’s a great judge, and he’s very careful and very hard working," Kavanaugh answered.

"And we try to read the statute as written and try to read the precedent as written," he continued, emphasizing that good judges attempt to keep personal preferences out of the judicial process.

If the Texas Republican’s observations were meant to change Democrat’s opinions of Kavanaugh and assuage hurt feelings, he must have been deeply disappointed.

It had the exact opposite effect.

"Love this: @tedcruz suggests J. Kavanaugh and Merrick Garland vote together almost all (93%) of the time," law professor and former acting solicitor general Neal Katyal said. "If Cruz really thought Garland&Kav are the same, why didn’t they give Garland a hearing and confirm him? It’s b/c in the small % of hard cases, there is profound disagmt."

MSNBC political analyst Zelina Maxwell posted similar thoughts — but her keyboard appeared to have a caps lock problem at times.

"of course ted cruz is going to compare kavanaugh to garland WHO THEY NEVER HELD A HEARING FOR without any sense of irony," she said. "Leave it to Ted Cruz to make a stupid and pointless point without any sense of history or context. #StopKavanaugh"

They all had a short memory.

Obama nominated Judge Merrick Garland to fill the U.S. Supreme Court vacancy created by the death of the late Justice Antonin Scalia in 2016 — a presidential election year.

In 1992, then-Sen. Joe Biden, D-Del., made a speech in which he declared that a lame-duck president should not make Supreme Court appointments during the presidential election year.

"These are the Biden rules," said Sen. Chuck Grassley, R-Iowa, who chairs the Senate Judiciary Committee.

Biden was, of course, Obama’s vice president when he attempted to usher Garland into the Supreme Court.

Moreover, that unwritten rule has a long tradition.

"One would have to go back more than a century to find a scenario where a president’s nominee for the Supreme Court was confirmed by the opposition party in the Senate when the vacancy occurred during an election year,” said Sen. Jeff Flake, R-Ariz. "I’m not about to break new ground in the Senate, particularly when any nominee could so drastically shift the balance of the court."

The reason for the "Biden Rule" is to give the electorate a voice in filling the Supreme Court vacancy by electing a new president, whoever it may be.

Right up to Election Day, Nov. 8, 2016, The New York Times predicted that Democratic presidential nominee Hillary Clinton would be that new chief executive — by an 85 percent margin.

Maybe she should have campaigned in Wisconsin. Just a thought.

Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He’s also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter, who can often be found honing his skills at the range. To read more of his reports — Click Here Now.

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Sen. Ted Cruz, R-Texas, compared and contrasted Judge Brett Kavanaugh’s voting record on the District of Columbia Circuit with that of Judge Merrick Garland. As it turned out, there isn’t much difference. Liberals were enraged.
committee, flake, grassley, judiciary, zelina, maxwell
Thursday, 06 September 2018 02:28 PM
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