Professor Volokh
wrote:
I hope that, before you sign on to the letter, you imagine how friends of yours would react if they were accused of a heinous crime that they did not commit – and this was done on national (international) television, with undoubted partisan motivation.
Would I be “temperate” if faced with such public accusations? Courteous? Impartial? Would I really refrain from anything that might be called “inflammatory,” and be sure never to “interrupt”? Would you?
Professor Volokh raised a critical question — one that should be asked as we weigh this issue of temperament and as we stand in the midst of one of the most extraordinary confirmation battles in history.
In resolving this question of temperament, ultimately we must look to the most probative evidence of what Judge Kavanaugh will be like as a justice, and that evidence is his 12 years of service on the D.C. Circuit.
We must examine the endorsement of the lawyers who have appeared before him in court. On August 27, 2018, a bipartisan group of 40 Supreme Court advocates — the nation’s leading appellate lawyers — wrote a letter in support of Judge Kavanaugh’s nomination.
On the matter of temperament specifically, the group wrote:
“Those of us who have appeared before him appreciate his impressive ability to distill complex legal issues to their essence, the incisiveness of his questions,
and the unfailing courtesy he extends to his colleagues and to counsel who appear before him .”