Kavanaugh and Learned Hand
My blog is named The 10th Justice, after my hero Judge Learned Hand, just to remind those who haven't read all my essays. Judge Learned Hand was called the 10th Supreme Court Justice even though he was never on the court. Many of his legal opinions are our laws in America still. He was never nominated to the court because he was neutral. His only ideology was fairness. He always looked at both side of the issue as objectively as he could, and decided cases based on the best facts and not on unsupportable opinions. His opinions were driven by no other ideology. And so we look at Brett Kavanaugh who has apparently demonstrated clearly that he will bring his ideology into the courtroom and add it to the stream of evidence and argument, when making his decisions. This does not sound like fair judgement. This makes everyone less respectful of the law. Decisions are no longer being made by the blind justice holding the scales, balancing the evidence fairly, because the justice has put...