A Kavanaugh Confirmation Is Court-Packing

My new piece on Kavanaugh, in the wake of the Cohen guilty pleas that concretely implicate Trump in campaign finance felonies.


Michael Cohen’s guilty pleas on Tuesday not only directly implicate President Donald Trump in campaign finance felonies. They also implicate the Supreme Court and Judge Brett Kavanaugh’s nomination.

No president in American history who faced direct, concrete evidence of high crimes has ever appointed a Supreme Court justice. The Senate should not endanger the Supreme Court’s legitimacy by allowing Trump to appoint a justice under an undeniable cloud of impeachment, removal, and potential prosecution.

On Wednesday, it became clear that Senate Democrats were at least beginning to understand the stakes here. Senate Minority Leader Chuck Schumer again asked Judiciary Committee Chairman Chuck Grassley to delay Supreme Court confirmation hearings on Kavanaugh. At least one Democratic senator cancelled a scheduled meeting with Kavanaugh and others said they would not meet with him. Senate Republicans like Susan Collins and Lisa Murkowski have it in their power to delay the nomination process for the sake of court and the rule of law.

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s