Brett Kavanaugh and Judicial Temperament

With a final floor vote scheduled for Saturday and an FBI investigation failing to find corroboration for any of the charges of sexual assaults made against Brett Kavanaugh, it appears he will narrowly win confirmation. For the Democrats, it seems there is only one arrow left in their quiver-that of judicial temperament after Kavanaugh's emotional and angry performance at last week's appearance before the Judiciary Committee.

I will be the first to concede that Kavanaugh's appearance was not pretty. He was highly emotional, and at moments even belligerent towards the Democrat senators questioning him. He exhibited what appeared to be facial tics. He was sniffling, twitching his nose, and to the delight of his enemies, was caught by the camera in a series of unflattering shots. No, he did not show much judicial temperament.

As one who has several tics himself, I can readily give a pass to Kavanaugh for that. But more importantly, I would ask how many of us could show judicial temperament when not only our careers are being destroyed, but our families, and our very lives as well? It is easy for judges to show judicial temperament when they are dealing with the lives of others, but what about when it is their own lives under attack?

When Clarence Thomas was under a similar attack in his own confirmation hearing, he also came back angry and striking back. His performance was better than Kavanaugh's, I would concede. Thomas didn't lose control of his emotions, but he called it a high tech lynching and at one point pointedly told Democrat Howard Metzenbaum of Ohio something to the effect that he didn't need any lectures from him-"Senator Metzenbaum", those last two words dripping with angry sarcasm. But at least, Thomas was not being accused of being a rapist and slobbering drunk.

When it comes to temperament, the Democrats should look at the temperament they themselves have unleashed; the protesters like the odious Linda Sarsour, being ejected from the hearing room screaming, or the people who cornered Republicans in the Senate hallways screaming at them, or those who ambushed Republican senators like Ted Cruz in restaurants or other public places. Those are the performances that Maxine Waters herself called for.

The accusations against Brett Kavanaugh remain unproven. The above incidents are captured for all time on video.