The long and arduous battle over the nomination of federal judge Brett Kavanaugh to the United States Supreme Court came to an end shortly after 4 p.m. on Saturday, when he was confirmed along a partisan 50-48 vote. After he was sworn in on Sunday in a private ceremony, newly-minted Supreme Court justice Brett Kavanaugh went about making history with his clerk appointments.
Kavanaugh made history on Sunday with his bombshell appointments slapping down Ginsburg’s record and leftist accusations. Frankly, many people think Justice Ginsburg ought to be ashamed of herself for her obvious hypocrisy on ‘diversity.’
In his initial SCOTUS term, the clerks that he appointed, many of whom have worked as judicial clerks for him when he was on the federal court, including more African-Americans than known leftist and activist Ruth Bader Ginsburg has appointed in her entire 25-year career on the Supreme Court, and he also made history by appointing the first all-female class of clerks with all four of the members of his team being women.
While some maligned the position of ‘law clerk’ during the Kavanaugh confirmation process, those who know anything about the responsibility know that it is both a tremendous honor and an enormous responsibility.
Law clerks brief judges on important concerns and topics in various cases, research precedent, and even look into prior and similar decisions. They also author decisions and rulings. In many ways, law clerks, especially for powerful courts, are powerful people.
Justice Kavanaugh, a man maligned by leftists for being some sort of alleged serial victimizer of women, is the first person in SCOTUS history to bring an all-female team of clerks along with him to the court.
According to Mr. Kavanaugh, he began to take action to introduce diversity into the pool of law clerks after he read a 2006 article, which stated that only seven out of 37 clerks on the Supreme Court were women.
That means that less than 19% of clerks on the highest court in the land were women.
Perhaps most interesting, unlike the usual leftist scheme that seems to involve picking people for ‘diverse’ hiring practices not based on qualifications, but rather on a ‘stratification’ of ‘victimization,’ Kavanaugh’s four women clerks are all supremely qualified to be in their position.
Sara Nommensen, from Harvard Law in 2016, is a former student of his.
Shannon Grammel, who graduated from Stanford Law in 2017, clerked for J. Harvie Wilkinson on the Fourth Circuit Court of Appeals. Wilkinson is a conservative jurist who is known for sending his clerks on to the Supreme Court.
It would be a difficult task to suggest that anyone who Judge Kavanaugh brought with him to the highest court in the land was less than supremely qualified for their new station in life, and in the American legal system.
In an interesting twist, on his first day on the job, the Right Honorable Brett Kavanaugh has already hired as many African-American clerks as the ‘notorious’ Ruth Bader Ginsburg has in her entire 25-year career on the highest court in the land.
For decades, Ginsburg has been criticized for her hiring practices.
During her confirmation hearing, republican Senator Orrin Hatch of Utah asked her if a court would reasonably conclude that a small business in a ‘majority black’ city that hired 57 white employees and no African-American employees over a 13-year period would be considered ‘discriminatory.’
She artfully dodged the question (as she artfully dodged answering most questions put before her), which, as Hatch pointed out, was a reference to her 13-year track record for hiring clerks during her time on the U.S. Court of Appeals for the D.C. circuit.
Instead, Ginsburg replied that if she was confirmed to the Supreme Court, her attractiveness to black candidates was bound to improve.
Apparently, this was true; she has hired one African-American law clerk in 25 years, the same number that Kavanaugh hired in his first week.
Hopefully, his appointment, and the historic achievement that came along with it, will not be overshadowed by the complaints of Elena Kagan, who decided to play politics and complain about a lack of a ‘middle’ on the court.
Justice Kagan, prior to her appointment to the most powerful court in the land, had never worked on a court, so her complaints about how the court functioned, as well as her seeming admission that she and three other members of the court were reliably partisan in their decisions, seem silly.
It will be interesting to see how the court functions with that kind of open partisanship involved.
One thing is certain, however; while the American Civil Liberties Union and other leftist groups fought tooth and nail against it, Kavanaugh’s confirmation has already introduced much-needed diversity into the court.