Almost every judicial nominee worth his salt will have a partisan background or ideological history. But Mr. Kavanaugh's presumed partisanship is more transparent because, unlike many nominees, he is not currently on the bench where his politics would be below the radar.
Surely Schumer doesn't intend to invoke some new rule that only sitting judges (or nonpartisan private sector lawyers) are eligible for judicial appointment and that officials serving in the other two branches of government (or partisan private sector lawyers) need not apply.
What the judiciary committee ought to consider are the appointee's character and qualifications. No one is disputing that Yale Law School graduate Kavanaugh has stellar legal credentials. The problem is that he has been working closely with President Bush, and in particular advising him on other judicial appointments. That, according to his pristine opponents, makes him unacceptably partisan.
These people hold grudges. It became clear in their grilling of Kavanaugh that their primary beef with him was not his own judicial background, but his participation in supporting other Bush judicial nominees that these obstructionists opposed.
The Schumer doctrine appears to be, "we obstructionists will not only usurp the presidential appointment power, we'll disqualify anyone who gets in our way. We'll even blacklist those who helped the president exercise his constitutional prerogative to appoint like-minded judges."
It is difficult to overstate the chutzpah of Charles Schumer and his unmerry band of obstructionists in criticizing President Bush and Brett Kavanaugh for their partisanship when these same senators have turned the entire confirmation process into a rank partisan charade. To them the question is not whether a nominee is or has been partisan, but whether he belongs to the acceptable party.
I could better handle the liberals' refusal to be fair and honorable on judicial appointments if they would admit they treat the judiciary as the third political branch that they intend to fill with liberal activists. But just as with so many other things, as a cynical diversion they accuse the other side of the very sin they're committing. They have no shame.