There are, of course, political regimes in the world where people who brown nose rulers to obtain greater judicial prestige and power, as Gorsuch and Kavanaugh have done, would fit right into the judiciary as committed loyalists. 7/
Under those kinds of regimes, judges whose loyalty has been assured have often proceeded to play significant roles in further entrenching the power and control of those regimes, and in undermining representative institutions. 8/ ssrn.com/abstract=20871…
Those situations are not identical to the US, but when a country that has been stably democratic starts to evolve in more authoritarian directions, we should pay close attention even to the more subtle ways in which the judiciary can be manipulated. 9/ jstor.org/stable/41349660
I certainly don't expect judges or other public officials to be saints. And again, there are other, more substantive concerns about Kavanaugh's record that demand greater scrutiny too, as @NAACP_LDF has documented in detail. 10/
But Republican apparatchiks like @robportman should spare us their insistence that these #TrumpJudges have exhibited "great character," when they've revealed rather different qualities in the nomination process itself for all to see. 11/
"If we expect judges to reach conclusions based solely on reliable evidence, Kavanaugh’s savage and bitter attack demonstrated exactly the opposite sensibility."
A 5-4 right-wing majority—installed mostly by minority popular vote presidents, in the face of solid progressive majorities throttled using illegitimate means—does not "perfectly reflect" anything. To the contrary, it is a starkly imperfect reflection of where we are politically.
Partial credit to @adamliptak for this shade at the end of the piece, but it's far too mild in relation to the actual scale of the Court's legitimacy crisis.
"We have differing views about the other qualifications of Judge Kavanaugh. But we are united, as professors of law and scholars of judicial institutions, in believing that [he] did not display the impartiality and judicial temperament requisite to sit on the highest court"
Over 900 signatories and counting, from over 150 law schools, as of this morning. lawprofessor.net