Biden Court Pick Won’t Say If Brett Kavanaugh Is ‘Morally Bankrupt’

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Jennifer Sung signs a 2018 letter claiming to be a then-Supreme Court candidate. She will not deny it at her Senate confirmation hearing.

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one of the president Joe BidenThe judicial nominees will not say Tuesday whether they think Supreme Court Justice Brett Kavanaugh is “intellectually and morally bankrupt,” a characterization he endorsed in 2018 and that he rejected at a Senate confirmation hearing. will not do.

Jennifer Sung, Biden’s Choice for Lifetime Seat in the US Court of Appeals for the 9th Circuit, Confused Republican one on the judiciary committee open letter she signed in 2018 Reprimanding Yale Law School for boasting of Kavanaugh’s achievements soon after the president Donald Trump Nominated him to the Supreme Court.


Hundreds of former and current Yale students and teachers signed the letter criticizing Kavanaugh, who received his law degree at Yale in 1990. Sung, a labor attorney and former union organizer in Oregon, received them in 2004.

The letter raises concerns about Kavanaugh, who then served as a judge on the U.S. Court of Appeals for the DC Circuit, “consistently protecting the interests of powerful institutions and disregarding the rights of vulnerable individuals.”

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It also refers to Kavanaugh as an “intellectually and morally bankrupt thinker”.

When asked about the letter, Sung said he believed some of its rhetoric was “overheated” and that it was written in the vein of “advocating rhetoric”. He insisted that he signed it as a private citizen while addressing his alma mater.

“If, by signing the letter, I made the impression that I would fail to respect Justice Kavanaugh’s authority as a Supreme Court judge, or the authority of a judge, or his precedent, I sincerely apologize,” Sung said. “But I can promise you today that if I affirm, as I have done throughout my career, I will honor all court precedents without reservation.”

Ted Cruz (R-Texas) went back and forth with Sung on top of it. He asked her three times whether he thought Kavanaugh was intellectually and morally bankrupt. He never said.

cruise: Ms. Sung, do you believe that Justice Kavanaugh is intellectually and morally bankrupt?

sung: Senator, I want every Justice of the Supreme Court, including Justice Kavanaugh, to know that I fully respect his authority as a Supreme Court judge and that I will follow his example without reservation.

cruiseYou are an experienced lawyer. You know someone is not answering a question. My question was simple and straightforward. Do you believe Justice Kavanaugh is intellectually and morally bankrupt?

sung: As I said earlier, I agree that this statement was rhetorical and that was all.

cruise: I’m going to try one more time because you signed your name and it wasn’t decades ago. It was very recent. You have signed your name on this statement. I’m asking straight away today, do you believe Justice Kavanaugh is intellectually and morally bankrupt?

sung: As I said, that was only rhetorical advocacy that I signed strictly in my personal capacity as a private citizen while addressing my alma mater. And throughout my legal career, as a litigant, as an adjudicator, I have followed the precedents of all courts and I have respected all.

cruise: It’s disappointing that you refused to answer that question.

It is not new for a federal judicial nominee to have previously been critical of a Supreme Court justice. In fact, Republican senators had no problem with it when candidates for Trump’s appeals court did it.

Now-Judge David Porter Nominations of Justice Sonia Sotomayor mentioned earlier As an example of “judicial elitism”. Now-Judge Naomi Rao Actually Testified against Sotomayor At her Senate confirmation hearings, criticizing her “personal, consequentialist approach to decision-making” and suggesting her judicial philosophy disregarded “mainstream pragmatic judicial philosophy”. Now-Judge David Strauss previously told President Barack Obama “could have done much betterthan Sotomayor, and answered to hear him said “inspirational and even deceptive

Sen. John Kennedy (R-La.) repeatedly pressured Sung about what she thought of Kavanaugh, repeatedly interrupting her when he tried to answer her questions. He became so overbearing that the chairman of the committee, Sen. Dick Durbin (D-Ill.), jumped in to ask Kennedy to give Sung a chance to answer.

Kennedy asked Sung at least four more times whether he thought Kavanaugh was morally bankrupt, along with some related questions and more interruptions. He randomly asked Sung, who is Asian American, whether he was “proud of the fact that Yale Law School has a quota system limiting the number of Asian Americans.”

“Senator, I’m not aware of any such policy,” Sung began, “but what I can assure you is that I have a track record”

“You need to get out more!” Kennedy shouted, interrupting him again.

Tensions only escalated when the committee’s longest-serving member and its former chairman, Sen. Patrick Leahy (D-VT), reprimanded Kennedy for being rude.

“The idea, that especially if we have a female nominee, you can interrupt her whenever you want, tell her things, has answered this question over and over again,” said the Vermont Democrat. “I hope we come back and show some respect for those who are answering questions under oath.”

Kennedy replied, “I’m annoyed by the suggestion that I’m doing it because she’s a woman.” “I would be doing it if she made those vulgar remarks as a man. And I don’t think the senator has any evidence to show that I’m anti-woman.”

Leahy noted the voting record of Republicans when it comes to pushing judicial candidates from the committee who are women or people of color. Kennedy, for one, has voted on the committee against all four of Biden’s now-confirmed appeals court judges—all of whom are black women.

“I have respect for this committee, but I also watch how candidates get votes,” Lehi said. “I’ve noticed, in my years here, which is longer than anyone else’s, I’ve seen a disproportionate number of votes – I’m not mentioning any particular senator, you can go back and look at your own record. are — a disproportionate number of votes against women and people of color, especially women of color.”

Durbin said it was time to move on.

“We’re going to end this conversation,” he said, “and go back to the business of the committee.”


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