It would be unfair to call last week's confirmation hearings of Judge Brett Kavanaugh a circus.
At the circus, the clowns don't interrupt the other acts.
The prospect of Kavanaugh providing a reliable fifth vote to the Supreme Court's conservative wing has the left losing its mind. Democratic senators coordinated with protestors to disrupt and delay Kavanaugh's confirmation hearings last week. Sens. Cory Booker and Kamala Harris, both reportedly carrying presidential ambitions, tried to outdo each other for "Resistance" points they could cash in during the 2020 primaries.
Not all of the senators beclowned themselves. Democrats Amy Klobachar, Minn., and Chris Coons, Del., asked Kavanaugh tough questions about his judicial philosophy, and listened to the answers. Republican Ted Cruz sometimes gives in to the temptation to stage empty political theater, but last week resisted, engaging in a lengthy and detailed discussion with Kavanaugh on the proper role of the judiciary.
Kavanaugh performed well, but the highlight of the hearings came early, in the opening statement of Sen. Ben Sasse, R-Neb.
"These confirmation hearings haven't worked for 31 years in America," Sasse said, referencing the left-wing attacks against Judge Robert Bork.
Sasse placed the blame on Congress for delegating its legislative duties to the administrative state, and to the courts.
"The Supreme Court becomes our substitute political battleground... But ultimately, because people can't navigate their way through the bureaucracy they turn to the Supreme Court looking for politics."
Because Congress refuses to engage in the messy task of legislating, the political stakes shift to the Supreme Court.
But courts aren't supposed to matter that much. Political decisions should be made by the elected branches of government. And government's role in our daily lives should be smaller than it is today.