That’s the title of my new Confirmation Tales post, which explores the hijinks that Marna Tucker engaged in after she in 2005 somehow became the D.C. Circuit member on the American Bar Association’s judicial-evaluations committee. An excerpt:
If there were a list of lawyers least suited to assess Brett Kavanaugh’s fitness to serve as a judge on the D.C. Circuit, Tucker would have been very high on it. Tucker’s narrow specialty, divorce law, was far removed, in both substance and sophistication, from the work of the federal appellate courts—especially from the complex cases of administrative law that are the staple of the D.C. Circuit.
Even worse, Tucker could hardly pretend to be impartial towards Kavanaugh. A fervent gender activist and supporter of other left-wing causes, she was a close friend and political ally of Hillary Clinton, whose animus against Kavanaugh over his role in independent counsel Ken Starr’s investigation of Bill Clinton drove much of the Democratic opposition to his nomination. She was also a founding board member of the National Women’s Law Center, which actively promoted “reproductive rights” and opposed Kavanaugh’s nomination….
When ABA committee chairman Stephen Tober discovered (in his words) that “this was a nominee that Ms. Tucker was spending a considerable amount of time on,” he did not rein her in. Instead, he enlisted a second committee member to assist her: John Payton, a liberal civil-rights activist who was on the board of directors of People for the American Way, which vigorously opposed Kavanaugh’s nomination.
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