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What’s happening to Judge Brett Kavanaugh — who, for the record, I do not know — recalls the confirmation battle over now-Third Circuit Court of Appeals Chief Judge Brooks Smith in 2001-2002. And as I discovered, the confirmation process itself has been corrupted by Senate Democrats and their special interest allies.
As a young Reagan political aide — and a non-lawyer — I wound up working on five Reagan Supreme Court nominations. That would be Rehnquist for Chief Justice, Scalia, Bork, Douglas Ginsburg, and Anthony Kennedy for Associate Justice.
Government - Phone - Call - Friend - Brooks
In 2001, well out of government, I received a phone call from my best friend, Brooks Smith. Brooks and I met as classmates at Franklin and Marshall College. Brooks, appointed by President Reagan as the nation’s youngest federal judge, was then serving the Western District of Pennsylvania as Chief Judge. Brooks called me to say he was going to be nominated for the Third Circuit and, he was told, President George W. Bush would personally call him on the morrow to tell him.
The next day was September 11, 2001. Suffice to say, the presidential phone call never happened. Of all the results of 9/11, one that escaped media attention quite understandably was that the White House, which normally would have been closely following the fate of its judicial nominees, was now well-occupied with a literal war.
Judge - Smith - Attention - Staffer - International
Thus it was that Judge Smith had called to his attention a staffer for the International Judicial Relations Committee, the latter a part of the administrative bureaucracy of the federal judiciary, well outside the White House. He was now under attack by left-wing special interest groups.
The kind of judge he had sought all his life to be — fair, balanced, by-the-Constitutional book — was now being wildly misrepresented on the Internet.
I was not a lawyer. But by the...
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