In the late Sen. John McCain's phrase, the United States Senate has been out of "regular order" in terms of the nominating and confirming U.S. Supreme Court justices ever since Senate Majority Leader Mitch McConnell refused even a hearing to Judge Merrick Garland, the nominee of President Barrack Obama. Now we see the same naked display of power in rushing the confirmation of Judge Brett Kavanaugh. It is a process that The Baltimore Sun rightly points out in its editorial, "No to Kavanaugh" (Sept. 6), as deepening "the sense that the Supreme Court is a political institution."
So, yes, the Republicans may rush through the confirmation, but the question begged becomes "What next?" Now that three to four instances of Judge Kavanaugh allegedly having lied under oath have been revealed by the release of memos that Democrats pried open for public scrutiny, where can that take us? If the voters have it in November that Democrats take over leadership of both the House and the Senate, then all of Mr. Kavanaugh's previous testimony under oath as compared to his documented statements can be retrieved.
From what we know now, it appears the case could be made in a Congressional investigation that Mr. Kavanaugh committed perjury in his confirmation processes, this one and the earlier one that put him on the U.S. Court of Appeals. We may then witness the spectacle of impeaching a Supreme Court justice and opening up a seat for the Democrats to fill.