In a desperate attempt to conjure up opposition to Judge Kavanaugh, Democrats are latching on to comments he made in 2016 where he expressed agreement with a Justice Scalia dissent in Supreme Court case Morrison v. Olson.
Morrison v. Olson was a 1988 ruling upholding a now expired law that allowed for Congress to appoint an independent counsel to investigate the executive branch.
The ruling has since been so discredited that both parties in Congress decided not to renew the underling law a decade after the ruling.
Furthermore, the now defunct independent counsel process is very different from today’s special counsel investigation, as today’s special counsel works directly for the Justice Department under a different legal structure that governed the independent counsel of old.
The glaring problem with these new Democrat smear tactics? Liberals have very much agreed with Judge Kavanaugh’s position and Scalia’s dissent in the past.
- Elena Kagan called Scalia’s dissent in Morrison v. Olson (the dissent Dems are attacking Kavanaugh for supporting) “one of the greatest dissents ever written and every year it gets better.”
- President Clinton’s Attorney General Janet Reno cited Scalia’s dissent in announcing her opposition to the independent counsel law renewal in 1999.
- And check out what Senator Durbin said in 1999 in favor or allowing the independent counsel law to expire, “our form of government is grounded on the premise that unchecked power is tyranny. The independent counsel is unchecked, unbridled, unrestrained, and unaccountable. … I think Congress should do what many people are asking, simply let the law expire.”
You can read Senator Durbin’s full comments here. Needless to say they aren’t helpful to the Democrat argument today that Judge Kavanaugh’s legal position on the now expired independent counsel law is anything problematic.
Liberty Supreme Court