On Tuesday, Sept. 11, 2018 Clinical Professor of Law Doron Kalir participated as a panelist in the Cleveland Metropolitan Bar Association (CMBA)’s “Hot Talks” series. The discussion, entitled “Supreme Court Nominee Judge Brett Kavanaugh,” also featured professor Jonathan Adler of Case Western Law School, and Hon. William Vodrey, a magistrate of Cleveland Municipal Court since 2001.
In his presentation, Kalir made among others the argument that the current nomination resembles, in more ways than one, the Bork nomination of 1987 (for example, both nominees had stellar academic credentials (with Yale Law School behind them); both served, with distinction, one Republican president only to be nominated by another; both served on the D.C. Circuit at the time of their nomination; and both held distinct views on presidential powers, gun control, and abortion rights (to name a few), which were far to the right of many). Alas, Kalir explained that recent changes in the nomination proceeding – requiring only 51 senate votes to confirm – as well as the general shift in public opinion would likely lead to a different result this time than the failed Bork attempt of yore. Finally, since the seat now vacated by Justice Kennedy is the very same seat for which Bork was originally nominated in 1987, Kalir concluded that the Republicans have won the long game over these issues.