We do seem to have a hard time managing Supreme Court seat nominations in America. This is understandable, since the Court is supposed to be independent of politics but politicians have been put by the Constitution in charge of hiring the judges. Job interviews can therefore sometimes present a less than edifying spectacle, dominated generally by conflicting interests, often not germane to determining the best-qualified candidate. The current hearings over Brett Kavanaugh’s nomination have been particularly ugly, an almost word-for-word rerun of the Anita Hill–Clarence Thomas farce of 27 years ago, from which we appear to have learned very little. Applicants in these job interviews, if sufficiently ambitious and opposed, can sometimes become emotional and even partially unhinged. (“Lynching.” “Democrat conspiracy.” “Hillary’s revenge.”)
In an effort to be helpful and contribute to a more civilized tone to the next such interview (sadly, it’s too late for this one) I offer below a suggestion for a generic opening address to the Senate Judiciary Committee for use by the next nominee.
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“Good morning, ladies and gentlemen. I have just a few brief remarks to make before I deal with your questions. First, I consider my presence here as a candidate for this nomination an honor that will not be diminished in my own estimation no matter what the outcome. I am proud that the record of my career thus far has recommended me to the President for this honor. A place on the Supreme Court bench is the highest position anyone in my chosen field can hope to attain. I thank him, and I thank you for this opportunity.
“I am ___ years old. It is ___ years since I was a callow teen-ager, no more nor less mature than any other ___-year old. In your questioning it may be revealed that I committed acts in my youth that I would not repeat today. If so I ask for your indulgence. I am no longer that callow teen-ager. I have learned, and I hope grown wiser with the passage of time.
“My experience in the justice system has taught me many things, among them the uselessness of attempts at revenge. Rifts must be patched up. Progress is never served by vendettas. Disagreements must not be allowed to fester. Second chances are mandatory if we are to advance together toward the goal of enlisting everyone’s talents in our common search for a better future.
“Memory can be fallible, even selective. Mine, I am sure, is no exception, but I promise to do my best to be truthful and responsive to whatever concerns you may have about my record. As to my beliefs, I will be equally open except that I will not comment here on any specific case I might have to later sit in judgment on. My core beliefs are an open book.
“I am aware that an effective court system requires a body of precedents to modify the differing individual insights of particular judges serving in particular times. I will argue firmly for what I believe, but I promise I will not filibuster. If selected, I will have eight colleagues to help me keep that promise, and I will respect their views.
“And now I will do my best to answer any questions you may have.”
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Feel free to use this template if you are ever nominated to be a Supreme Court judge. Feel free to use it as a reference if you are ever a critical watcher of such a selection proceeding.
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