The Hill | Senate Democrats need to show more respect for the Constitution

Millions of Americans agree this much is clear: Senate Democrats have not acted in good faith and will stop at nothing to delay and derail any conservative nominee to the Supreme Court. It has also become an assault on the character and integrity of the Constitution. James Dobson said in a recent letter to thousands of families across the nation, “Something else is going on here. At its core, this isn’t just another political conflict. Swirling around us is a life and death struggle for the soul of America. It is a profound spiritual battle.”

It is indeed a struggle for our future. The Constitution requires the legislative branch, through the Senate, to provide advice and consent for presidential nominees. This duty is to ensure that nominees are qualified and fit for office. The Constitution provides this responsibility in good faith, not to politicize the process. As James Madison put it, ambition must be made to counteract ambition. Separation of powers and checks and balances is designed to prevent abuses by one branch of government, not to provide more opportunities for exploitation of power.

Unfortunately, the political ambition and abuse of process by the progressive left began well before Judge Brett Kavanaugh was ever named as the nominee to our highest court. Almost at the very moment that Justice Anthony Kennedy resigned from the bench, progressive senators began their political cry against whomever that nominee would be. Embarrassingly, their tactics were obvious from the start, with press releases generated with “fill in the blank” opposition, persistent delay tactics, and increasingly bizarre allegations against one of the most distinguished judges on record in modern American history.

Senate Democrats have called for the seventh FBI investigation of Judge Kavanaugh in 25 years as part of their latest strategy. The purpose of these investigations is to provide information and a report, not to provide conclusions or form opinions regarding fitness for office. In some sense, the background investigation serves as a very comprehensive human resources report. To think that the FBI would at the eleventh hour uncover evidence of some pattern of sexual deviance or criminal activity that six prior comprehensive federal investigations failed to report.

That would be nonsensical and unreasonable. The only explanation for the members of the Senate calling for yet another report is to continue their bad faith effort to delay and derail the confirmation of a judge who represents a conservative majority on the Supreme Court. The ambition that should rightly be checked here is the determination of the left to maintain an activist liberal Supreme Court. Our Constitution clearly gives that authority to the president of the United States.

Now that the FBI report is out, does anyone think Senate Democrats will concede that Judge Kavanaugh is in fact the highly qualified nominee that he is? I pray they have the decency and conviction to respect our Constitution and discharge their duty of advice and consent in good faith. But there is a strong likelihood that they will continue to call for more delays, which will only move the goalpost yet again.

We the people must speak up for our Constitution and demand the Senate provide the very same protections for Judge Kavanaugh as our rule of law requires for any other person in our nation, regardless of party affiliation or political outcome. We must call upon our the Senate to act reasonably and without partisanship. We must also participate in our system of government by voting in November and defending the intent of our Founding Fathers. America as we know it hangs in the balance.

Jenna Ellis is director of public policy at the James Dobson Family Institute. She is an attorney and author of “The Legal Basis for a Moral Constitution.”

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