Fealty to President and Precedent

Sen. John Cornyn, Republican from the state of Truculence, was spoiling for a fight.

Before yesterday's Senate Judiciary Committee hearing into White House aide Brett Kavanaugh's nomination to be an appellate judge, Cornyn's staff distributed an opening statement that sought to light a match beneath the culture wars.

"There are some in this country who have views that are so liberal they have no chance to persuade the American people to accept them," the Texan's statement said. "There are some who want to end traditional marriage between only one man and one woman. There are some who want to continue the barbaric practice of partial birth abortion. There are some who even want to abolish the Pledge of Allegiance."

But yesterday provided none of the sparks Cornyn and his GOP colleagues on the committee had hoped for. Democrats steered away from social issues that might inflame Republican voters, quizzing Kavanaugh instead about the Bush administration's torture policies and White House ties to the Jack Abramoff scandal. And Kavanaugh had nothing to say about same-sex marriage, abortion, the pledge -- or, for that matter, pretty much anything else.

Kavanaugh, rubbing his hands together nervously and jiggling his leg, proved elusive even on such simple matters as why it took him so long to respond to the committee's questions after his first hearing two years ago. "Why did you take seven months?" asked Sen. Patrick Leahy (Vt.), the ranking Democrat.

"Senator, I take responsibility for that," the nominee replied.

"Why did you take seven months?" Leahy repeated.

"Senator, again, I take responsibility for that."

"The question isn't responsibility," Leahy pressed. "Why seven months?"

"Senator, there was --," Kavanaugh began, and then he caught himself. "I take responsibility for that. There was a misunderstanding, and it was my responsibility."

Leahy was digging in. "What was the misunderstanding?"

"Senator, I take responsibility." The room was filling with laughter.