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There are lots of ways to raise Cain.
Cousins raise Cain at family reunion picnics. Shareholders raise Cain at board meetings over bad earnings reports. Basketball coaches raise Cain with referees on the sideline.
But nobody raises Cain like the Senate at the confirmation hearing of a Supreme Court justice.
SENATE CONFIRMATION HEARINGS TO BEGIN FOR BIDEN’S SUPREME COURT PICK JUDGE KETANJI BROWN JACKSON
Granted, this doesn’t happen every time a Supreme Court nominee goes before the Senate for confirmation.
But senators and activists on both sides have raised a lot of Cain at recent confirmation hearings.
The confirmation hearings for Supreme Court Justice Clarence Thomas in 1991 and Supreme Court Justice Brett Kavanaugh in 2018 practically raised Cain. The failed confirmation fights involving nominees Robert Bork and, briefly, Douglas Ginsburg in 1987 came close.
But other Supreme Court confirmation hearings are tame. To be clear, they may not appear as bucolic as a warm spring day with “Morning Mood” by Edvard Grieg playing in the background. But despite the raucous affairs to confirm Thomas and Kavanaugh, fervid confirmation hearings are the exception, not the rule.
But let’s explore why some of these confirmation hearings erupt in chaos.
Legislative. Executive. Judiciary. The nomination of a Supreme Court justice fuses all three branches of government into a symbiotic, political ballet. That mixture is rare in American politics.
A lifetime appointment of a justice can shift a nation over the course of his or her term.
So much is at stake. And that’s why both sides sometimes go for broke over a given nominee.
Thomas seemed to be on track for confirmation when his hearings initially closed in September 1991. But that was before law professor Anita Hill leveled salacious charges of sexual harassment at Thomas. The Senate Judiciary Committee, chaired at the time by then-Sen. Joe Biden, re-opened the hearings.
And hell…
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