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KAHNTENTIONS

KAHNTENTIONS is a blog post written by Gilbert N. Kahn, Professor of Political Science at Kean University in Union, New Jersey. Beginning in 2011 KAHNTENTIONS was hosted by the New Jersey Jewish News which recently ceased written publication. KAHNTENTIONS presents an open and intellectually honest analysis of issues facing the United States, Israel, as well as Jews world-wide.

BY GILBERT N. KAHN

"These are the times that try men's souls."

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The Supreme Court


This week was a very sad week for the one American governmental institution which was always considered to be sacrosanct, the U.S. Supreme Court. Ironically it had nothing to do with any opinions handed down by the High Court or oral arguments which were heard. The American people observed Members of the U.S. Senate embarrass themselves and endeavor to besmirch the reputation of a distinguished Supreme Court nominee in one of the most degrading exercises to ever occur on Capitol Hill. At the same time the media disclosed the results of an investigation into the disgraceful conduct of Ginni Thomas, wife of Justice Clarence Thomas (who himself spent this past week in a D.C. hospital).


In 1987 Senator Ted Kennedy intensely grilled Judge Robert Bork as President Ronald Reagan’s nominee to join the Supreme Court. Since that time there has been an increasing tendency on the part of the Senate to examine Supreme Court nominees’ qualifications in areas which have nothing whatsoever to do with a nominee’s judicial fitness to sit on the Court. While Senators rightfully should seek to evaluate a nominee’s character and judicial fitness for a lifetime position, many of the Senators on the Senate Judiciary Committee who questioned Judge Ketanji Brown Jackson disgraced themselves and debased the U.S. Senate. The self-righteousness and offensive demeanor exhibited by several Republican Senators underscored just how low American politics has descended in 2022.


The baselessness of the questioning of Judge Brown Jackson was what was so embarrassing. Senators questioned the origin and basis for some of her actions in sentencing criminals--which were largely based on guidelines for which some of the same Senators had voted; her personal views on some of the issues in cases which had come before her court or which she had defended; what were the positions and influence that her college roommates and friends had on her beliefs; what her definition of a woman is; as well as what was her religious affiliation. What was truly absurd was that many of the questions and lines of inquiry came from Senators who had supported Judge Brown Jackson’s nomination twice before for previous judicial appointments.


At this point it appears that Judge Brown Jackson will probably be confirmed, but she is unlikely to receive a single vote from a Republican Senator. It is likely that despite the Senate’s manhandling of her nominating hearing, Judge Brown Jackson will comport herself as member of the High Court in a manner which will do great credit to the institution.


The current system of Senatorial advise and consent for Supreme Court nominees is clearly broken. It is unlikely to improve soon. If another Supreme Court vacancy occurs during the next three years—especially if President Biden faces a Republican controlled Senate—it is quite possible that Republicans will not permit that seat to be filled until a Republican occupies the White House, or the GOP would again be in the minority in the Senate.

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At the same time that Judge Brown Jackson’s nomination was being batted around on Capitol Hill, Justice Clarence Thomas was in a D.C. hospital from which he was released on Friday after a week’s treatment and observation. Thomas’ hospitalization sent shock waves in many Republican circles.


It was, however, another member of the Thomas household, his wife Virginia Thomas, who made the most news. News reports confirmed that Ginni Thomas had been actively engaged, from the moment that Joe Biden was declared the election winner in November 2016, in supporting efforts to overturn the election results. Many of her emails and messages--including those sent to President Trump’s Chief of Staff, Mark Meadows--had been received already by the House January 6 Committee. The extent of her advocacy of positions which were advanced by many extreme right-wing groups in the country had been known, but her intense engagement in the post-election period was staggering.


The actions and beliefs of Justice Thomas’ wife are not directly relevant to his position on the bench. In fact, many Washington spouses—especially over the past several decades—have been engaged in political and governmental activities which sometimes do not compliment the work of their wife or husband. This especially has been the case as more and more women are engaged in positions outside of the home. Given Justice Thomas’ own extremely conservative views—including those before him on the Court—many people reading about Ginni Thomas might be at least curious about breakfast conversations in the Thomas’ home.


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