Something that's always bothered me about Kavanaugh

[Recursion]

The Constitution tells me I can't care about this. And I agree with the framers on that. But still, it chaps my hide.

Here is Kavanaugh being sworn in to his testimony after Ford brought her allegations under oath:

GRASSLEY: Do you affirm that the testimony you’re about to give before the committee will be the truth, the whole truth and nothing but the truth, so help you God?

KAVANAUGH: I do.

Here is Kavanaugh being sworn in as an Associate Justice of the Supreme Court

KENNEDY: Will you please repeat after me?

I, Brett M. Kavanaugh, do solemnly swear…

KAVANAUGH: I, Brett M. Kavanaugh, do solemnly swear…

KENNEDY: … that I will administer justice without respect to persons.

KAVANAUGH: That I will administer justice without respect to persons.

This still bothers me. The Constitution is explicit that I cannot make a distinction between an affirmation and an oath. But, man. I'm really really curious why he affirmed the one time and swore the other time.

[exboyfil]

1. Good question for Grassley

How has he sworn in other witnesses? Did Kavanaugh request a change in Grassley's standard affirmation/swearing.

Also is it typical for an outgoing SC Justice to swear in his/her replacement. It seems like the Chief Justice should be the one to do it. Former SC Justices remain Justices.

At least for Ford he did use swear in her case.

[StarfishSaver]

2. You're right that it is unusual for an outgoing Associate Justice to swear in his replacement

However, in this situation it made sense. Kavanaugh clerked for Kennedy and it isn't unusual for a former clerk to ask their judge to swear them in to federal positions. Most federal judges I know often swear in their former clerks to various positions. This may look suspicious because there are so many other questionable aspects to Kavanugh's ascension to the bench, but this one really isn't a big deal.

[Recursion]

3. Any Federal Judge was empowered to swear/affirm in the new associate justice

That's not the issue.

I'm just, as someone who is nosy, curious why he would affirm in one case and swear in the other.

[StarfishSaver]

6. I was responding to exboyfil's concern about Kavanaugh being sworn in by Kennedy rather than Roberts

[FBaggins]

4. They don't usually swear in their replacements

If for no other reason than they are often replaced after they die.

I don't think that O'Connor swore in Alito... but Kennedy swore in both Kavanaugh and Gorsuch (who both served as clerks under him).

[StarfishSaver]

7. Kavanaugh clerked for Kennedy, so it's not unusual that he asked him to swear him in

I wouldn't be surprised if Kennedy also swore him in when he went onto the Court of Appeals. It's common for a judge to ask a judge he or she clerked for to swear them in.

[FBaggins]

8. Gorsuch did as well

Not at all uncommon (and quite a feather in Kennedy's cap... if it weren't for the accompanying scandal)

[StarfishSaver]

9. Yes. And Kennedy swore him in, too

[struggle4progress]

5. In his testimony, he was piously posturing for the religious fundamentalists

Once he was confirmed, he could drop the charade