New SCOTUS Judge II: The Wrath of Kavanaugh

[Meadmaker]

I disagree that Kavanaugh should be selected, but that's another matter.

Over the course of the hearings, I was persuaded that Kavanaugh was a pretty awful candidate, but the Republicans control the White House and the Senate. He was close to unstoppable. I was pretty appalled by the last ditch effort to use personal attacks in a desperate attempt to stop him. I would have greatly preferred a principled, although inevitably failing, attempt to stop him. I would have preferred that the Democrats articulate a case about why he ought not to be confirmed, and just acknowledged temporary defeat. Instead, they sent a message that was, "We intend to destroy our enemies." It was so bad, in my opinion, that by the time they were done I couldn't decide whether I wanted him confirmed or rejected. I didn't want him on the court, but rewarding the attacks would be a very bad precedent.

One thing I find ironic is that a lot of people look back to the Bork hearings as the beginning of the extreme politicization of the Supreme Court, but if you look at those hearings, they were extremely principled. It was all about behavior on the court. Ultimately it was the defeat of someone who was clearly a right wing judicial activist. That was a high minded and appropriate attack on a nominee. The next couple of contentious confirmation battles have been less idealistic.

ETA: It also occurs to me that the attempt to stop Bork worked, while the attempts to stop Thomas and Kavanaugh based on personal attacks failed. It probably had more to do with the composition of the senate than the high minded principles.

 

[acbytesla]

I disagree.

The "snooty show" is exactly what will prevent it from happening. There are plenty of people, including me and Phiwum, and most of the rest of the country, that finds Travis' scenario so incredibly unthinkable that as soon as we took steps in that direction, there would be uproar.

Yes, politicians might try it. In the case of the Supreme Court, they might remove protections that are found in the "penumbras and emanations" of the constitution. If that happens, then people will have to get busy with their legislators to restore them. If they were to actually go after the stuff that everyone understands is really protected, the people putting on the "snooty show" will be the very people organizing to fight it.

Don't worry. We aren't complacent. For my part, it's just that I've seen so many changes happen so quickly in my lifetime that I am pretty sure there's a clear trend, even if there's occasionally some small retrenchment and step back toward the old days. The weird phenomenon that I was referring to earlier is that as things have been liberalized, the demonization of the conservatives has grown more and more strident. When I was young, a person calling for legalization of gay marriage would either be considered a kook or someone who was trying to overthrow America. Today, someone who won't bake a cake for a gay wedding is someone who has to be thrown out of business. Meanwhile, those who think it might be ok if some people have to go to a different baker are, we are told, taking us on the road to Dachau. It has gotten so strident that it appears to many of us that those who profess to support liberalism have actually become quite illiberal.

It rarely happens like Travis describes it. It happens gradually. Over time and not in full view. We chop off freedoms a little at a time. The public is inured to the new normal.

I've seen this nation get richer and richer and richer. And at the same time I've seen the poor and middle class suffer more and more and more. Their little power diminish as their voices grow fainter. I see the homeless everywhere on the streets, living in cars as the haves go whipping by avoiding looking at them. The rich have done everything to segregate themselves from the great unwashed. Esconced in gated communities where every product and service is delivered to them. Where they only associate with other haves in private luxury suites at the publicly financed ballparks. Their kids attend private schools and are guaranteed admissions into the best universities. The poor are there only to serve their whims and as people they can look down upon. Disposable people that are the new serfs or sharecroppers.

America the beautiful. Where liberty means I can pay you next to nothing and you have the liberty to do without.

 

[Mumbles]

Over the course of the hearings, I was persuaded that Kavanaugh was a pretty awful candidate, but the Republicans control the White House and the Senate. He was close to unstoppable. I was pretty appalled by the last ditch effort to use personal attacks in a desperate attempt to stop him. I would have greatly preferred a principled, although inevitably failing, attempt to stop him. I would have preferred that the Democrats articulate a case about why he ought not to be confirmed, and just acknowledged temporary defeat. Instead, they sent a message that was, "We intend to destroy our enemies." It was so bad, in my opinion, that by the time they were done I couldn't decide whether I wanted him confirmed or rejected. I didn't want him on the court, but rewarding the attacks would be a very bad precedent.

One thing I find ironic is that a lot of people look back to the Bork hearings as the beginning of the extreme politicization of the Supreme Court, but if you look at those hearings, they were extremely principled. It was all about behavior on the court. Ultimately it was the defeat of someone who was clearly a right wing judicial activist. That was a high minded and appropriate attack on a nominee. The next couple of contentious confirmation battles have been less idealistic.

ETA: It also occurs to me that the attempt to stop Bork worked, while the attempts to stop Thomas and Kavanaugh based on personal attacks failed. It probably had more to do with the composition of the senate than the high minded principles.

All I see here, is you attempting to justify why exactly you're part of the problem.

 

[Regnad Kcin]

Robert Post, former dean of Yale Law School:

I was shell-shocked. This was not the Brett Kavanaugh I thought I knew. Having come so close to confirmation, Kavanaugh apparently cared more about his promotion than about preserving the dignity of the Supreme Court to which he aspired to join...

His performance is indelibly etched in the public mind. For as long as Kavanaugh sits on the court, he will remain a symbol of partisan anger, a haunting reminder that behind the smiling face of judicial benevolence lies the force of an urgent will to power...

Each and every Republican who votes for Kavanaugh, therefore, effectively announces that they care more about controlling the Supreme Court than they do about the legitimacy of the court itself. There will be hell to pay.

Brett Kavanaugh Cannot Have it Both Ways

 

[The Big Dog]

Robert Post, former dean of Yale Law School:


Brett Kavanaugh Cannot Have it Both Ways

At this point literally no one cares. The Democrats reached deep into their sleazy bag to break the man and failed. Their disgraceful tactics have been revealed in their failure.

 

[acbytesla]

At this point literally no one cares. The Democrats reached deep into their sleazy bag to break the man and failed. Their disgraceful tactics have been revealed in their failure.

It's not that no one cares. It's that Republican senators don't care. There's a difference.

 

[Regnad Kcin]

At this point literally no one cares.

Snort. Literally.

The Democrats reached deep into their sleazy bag to break the man and failed. Their disgraceful tactics have been revealed in their failure.

Leave Brett alone!

 

[The Big Dog]

Winners: Kavanaugh, obviously. Trump, obviously. The unborn

LOSERS: Democrats, the knuckleheads on the judiciary committee, particularly Feinstein, senator shut up, Booker. The Me Too movement

Silver lining for the Democrats? Put the nail in the coffin of Avenatti.

 

[ServiceSoon]

His wife and children are unfortunate casualties and certainly asked for none of this. However, Kavanagh is an attempted rapist and he, knowing this was in his background chose to put his family through this. He had to know this would come out. It's unfortunate but that shouldn't stop a full-blown character assassination of him.

It doesn't matter how many times you repeat that statement, Kavanaugh is not an attempted rapist.

In 2000, the majority of Americans grudgingly respected the Supreme Court's deciding to hand the Presidency to Bush.

If we get into a similarly tight race in 2020, the Supreme Court won't have the credibility necessary to support a Republican over a Democratic win.

Will the Supreme Court have the credibility necessary to support a Democrat over a Republican win?

 

[Bob001]

It doesn't matter how many times you repeat that statement, Kavanaugh is not an attempted rapist.
.....

How 'bout accused attempted rapist and known drunken brawler? Is that better?

 

[Paul2]

No one said the world would be destroyed, only that things would get progressively worse. I look at Ronald Reagan as the beginning of that slide. 1980 is when the Moral Majority became a force. They were neither moral nor a majority. But that allegiance with the do anything for the rich drove a wedge into the poor religious working class and effectively made so many vote against their own interest. From that time on, the battle cry of the GOP was God, Guns and Gays. Ronald Reagan began shifting the tax burden away from the rich and onto the working class. He went after the unions and gutted the NLRB.

Reagan was a hero to the rich as his tax cuts put billions into their pockets. But he also ushered in the biggest tax increases on workers by increasing payroll or FICA taxes. Also, lots of everyday things that had been paid for by taxes all of a sudden had fees associated with them. What makes this important is from his election to this day middle and lower class incomes have been flat while the upper class has seen their wealth skyrocket. Even today where unemployment is very very low wages haven't moved. There is no problem getting a job today, just don't count on it paying a living wage.

I give the rich credit. They pulled off a masterful plan. But it helps when you have deep pockets and can buy politicians. The powerful will only continue to accumulate power gerrymandering every district they can. They will get away with purging voter rolls and more and more voter suppression. Democracy is dying and justice is only for those who can afford it.

RIP America.

Dixiecrats -> Nixon's Southern Strategy -> Moral Majority -> Gingrich Revolution -> Tea Party -> Trumpism

It's been a long time comin', and it won't disappear quickly.

 

[The Big Dog]

How 'bout accused attempted rapist and known drunken brawler? Is that better?

And Supreme Court Justice...

 

[Slings and Arrows]

Women for Kavanaugh, and many others who support this very good man, are gathering all over Capitol Hill in preparation for a 3-5 P.M. VOTE. It is a beautiful thing to see - and they are not paid professional protesters who are handed expensive signs. Big day for America!

-- President Donald J. Trump (Oct 6, 2018)

"Big day for America!"

Is it too soon to pop open the champagne? Let's get this celebration party underway!

Winning never gets old. I'm lovin' it!

 

[Bob001]

.....
Will the Supreme Court have the credibility necessary to support a Democrat over a Republican win?

The Supreme Court did not have to intrude in the 2000 election at all, certainly not when and how it did. A Republican Supreme Court would not under any circumstances support a Democrat. If they couldn't find a rationalization to elect one of their own, they would stay out of the picture completely.

 

[Trebuchet]

If we get into a similarly tight race in 2020, the Supreme Court won't have the credibility necessary to support a Republican over a Democratic win.

But they'll do it anyway. And in 2000, after first ordering Florida to stop counting votes then saying too much time had passed, they had no credibility anyhow.

 

[acbytesla]

Winners: Kavanaugh, obviously. Trump, obviously. The unborn

LOSERS: the poor, the middle class, women, checks and balances, the environment, democracy, the rule of law, the truth.

FTFY

 

[Mumbles]

It doesn't matter how many times you repeat that statement, Kavanaugh is not an attempted rapist.

There's still credible evidence that he is.

Or, rather, was, when he was 17. I'm willing to forgive, but since he has shown no contrition, and no growth, I'll still view him as such. And as a partisan hack, and white supremacist, on the SC.

Will the Supreme Court have the credibility necessary to support a Democrat over a Republican win?

I doubt they'd back a fair election to begin with.

 

[Mumbles]

Dixiecrats -> Nixon's Southern Strategy -> Moral Majority -> Gingrich Revolution -> Tea Party -> Trumpism

It's been a long time comin', and it won't disappear quickly.

And in truth, to be expected. We elected Obama, and bigots flew into a rage.

Just as they did when slavery ended.

Just as they did when civil rights were passed.

 

[Ziggurat]

Those steps that you claim that you'd be in an uproar over?

They've already been taken. And y'all sat quietly. You've already failed your own test.

No matter where you start, ANY movement in ANY direction is a movement towards some horrific extreme. This is meaningless.

 

[Paul2]

It rarely happens like Travis describes it. It happens gradually. Over time and not in full view. We chop off freedoms a little at a time. The public is inured to the new normal.

I've seen this nation get richer and richer and richer. And at the same time I've seen the poor and middle class suffer more and more and more. Their little power diminish as their voices grow fainter. I see the homeless everywhere on the streets, living in cars as the haves go whipping by avoiding looking at them. The rich have done everything to segregate themselves from the great unwashed. Esconced in gated communities where every product and service is delivered to them. Where they only associate with other haves in private luxury suites at the publicly financed ballparks. Their kids attend private schools and are guaranteed admissions into the best universities. The poor are there only to serve their whims and as people they can look down upon. Disposable people that are the new serfs or sharecroppers.

America the beautiful. Where liberty means I can pay you next to nothing and you have the liberty to do without.

The other important factor in this is that the current Administration has not given any indication that there is any behavior or policy or law that they think is out of bounds.