Through September, the clamour surrounding the confirmation of the proposed appointment of Brett Kavanaugh to the Supreme Court of the United States (SCOTUS) has spiralled to alarming proportions. Yesterday, 27 September, saw Judge Kavanaugh deliver an impassioned, emotional, and defiant defence of himself, his record and his character; though for sheer drama that was challenged by Senator Lindsey Graham who tore into what he saw as a disgusting conspiracy by certain parties. It is perfectly possible that Judge Kavanaugh’s and Senator Graham’s speeches will find their way onto this blog, but for now I’d like to turn to a quieter more reasoned time.
At the beginning of September lawmakers delivered opening statements to the confirmation hearing. Senator Ben Sasse was one of them, and he gave a brilliant speech.
For this Brit, with little more than a sketchy understanding of the workings of the US legislature, this speech is an education. For one thing it seems to explain the creation of what President Trump calls “the swamp”. But it is much more than that, as it also has huge resonances to what ails the political tides in Britain.
When he says “The legislature is impotent: the legislature is weak, and most people here want their jobs more than they want to do legislative work so they punt most of the work to the next branch” I find myself thinking that the British legislature does exactly the same thing, in fact disgracefully punted most of it overseas whence the British people are desperately trying to claw it back.
Sasse strongly advocates restricting responsibility for legislature to the hands of those who can be kicked out of office when they get it wrong. He is referring to SCOTUS being a lifetime appointment for a Justice, but you get no prizes for guessing what I am thinking. Nevertheless let’s stick with Sasse (who, incidentally, later explains even more clearly why politicians punt decision-making away). He says that the judiciary’s having become such a political hot potato stems from the elected politicians’ having failed to do their job properly.
There’s a potent moment for me, a student of audiences, at 0:32. The split screen allows us simultaneously to watch Sasse and the focal point of the audience – Kavanaugh himself. The latter has been listening intently, but now picks up a pen to make notes.
What I think is significant about Kavanaugh throughout this speech is not just the intensity of his concentration, but the dispassion. His frowns convey concentration not disagreement. At no point does his expression display an opinion on what is said. The exception is when Sasse slips in a provocative joke, and Kavanaugh permits himself a smile.
Just before his summary, and beginning at 9:39, Sasse delivers a very strong anaphora – “this is why …”, and then the summary heads unswervingly towards his final two sentences.
“It seems to me that Judge Kavanaugh is ready to do his job. The question for us is whether we’re ready to do our job.”