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Brett Kavanaugh Confirmation Thread


Hugo Stiglitz

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3 minutes ago, Anastasis said:

A summary of the 5-4's that he swungs. Covers guns, abortion, campaign finance, gay marriage, death penalty. Identify the "conservative republican" position on those issues, and then compare to which way the rulings fell. 

 

ETA link: https://www.npr.org/2018/06/27/623943443/a-brief-history-of-anthony-kennedys-swing-vote-and-the-landmark-cases-it-swayed

 

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2 minutes ago, Incredulity said:

So Brett does NOT equal death???

No but he brings the integrity of the court and the process of selecting justices down a few pegs.  I'm going to guess that privately the other 8 justices are shaking their heads at calling him a colleague.   Kavanaugh tarnishes Gorsuch just by joining the bench.    For example, it would be interesting to ask Gorsuch if he knew the definition of all of "drinking" game terms that Kavanaugh lied about.  They were only 2 years apart at high school.   Odds are that Gorsuch knows Kavanaugh perjured himself to Congress and the American public yesterday.   He must privately think Brett is a POS.

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2 minutes ago, Anastasis said:

A summary of the 5-4's that he swungs. Covers guns, abortion, campaign finance, gay marriage, death penalty. Identify the "conservative republican" position on those issues, and then compare to which way the rulings fell. 

 

ETA link: https://www.npr.org/2018/06/27/623943443/a-brief-history-of-anthony-kennedys-swing-vote-and-the-landmark-cases-it-swayed

 

Many of those cases titled to the conservative side because of Kennedy: Janus, Citizens United, Trump v. Hawaii, Shelby, and Heller.

 

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Just now, Nice Guy Eddie said:

No but he brings the integrity of the court and the process of selecting justices down a few pegs.  I'm going to guess that privately the other 8 justices are shaking their heads at calling him a colleague.   Kavanaugh tarnishes Gorsuch just by joining the bench.    For example, it would be interesting to ask Gorsuch if he knew the definition of all of "drinking" game terms that Kavanaugh lied about.  They were only 2 years apart at high school.   Odds are that Gorsuch knows Kavanaugh perjured himself to Congress and the American public yesterday.   He must privately think Brett is a POS.

But on the bright side, Gorsuch is no longer the SCOTUS stooge.  The other 7 have been frustrated with him since he sat on the bench . . . now he's gonna look positively resolute in comparison to Kavanaugh.

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4 minutes ago, Nice Guy Eddie said:

Some seem to erroneously think that Kennedy was to the left of RBG.  While he wasn't Scalia or Thomas, the guy wasn't a friend of the liberals by any stretch.  The makeup will only incrementally change with Kavanaugh. 

There is also strong speculation that Roberts will move to the left on some issues just as he did with his ACA ruling.   Roberts apparently didn't want the SCOTUS to take down the ACA so he found a way to keep the mandate in place.  He could very well do the same with other major cases as well.   But I could be wrong.  

All justices have their little things.   Kennedy is a fame guy who wanted to go down in history for big things.   Roberts is an institutionalist who wants to preserve the perceived integrity of the Court.  Both of those things are party-neutral, even though those Justices have a conservative ideological bent guiding their analysis.  Even Thomas has real principles, albeit staunchly conservative.    Kavanaugh is a straight-up political operative who is guided by naked partisanship.   His opening statement yesterday was astounding and heralds a really bad era for the Court if the Dems choose to follow suit.   They're going to get the power soon enough. 

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The court will shift some with Kavanaugh there, but I do believe Roberts will shift slightly on some crucial cases that will end up 5-4 in ways even Kennedy might not have voted at times.  Robert's ACA ruling was very telling in how specific cases might break and I think at least for abortion (at least at its core the issue of fundamental right of privacy under the 14th) he won't go all the way, although you certainly could see further chipping away at it.  I think Roberts was actually a solid choice for Chief Justice considering how he was nominated and by whom all things considered.  

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13 hours ago, Johnny Sack said:

You’re okay with them fucking over Dr. Ford and her family for politics?  Because that’s what they did.  

Yup, that's exactly what your people--the Republicans--did.  They confirmed that rape doesn't matter. You confirmed that.  Congrats bro!

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2 minutes ago, David Dennison said:

Having two justices from the same Washington, D.C. area prep school confirmed in the span of 18 months is probably the most concerning part of this. Our Supreme Court is made up of the Ivy League and Georgetown Prep.

That's fucked up.

This isn't new. The last time we had a president without an Ivy degree was 1989...30 years ago.

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3 minutes ago, David Dennison said:

Having two justices from the same Washington, D.C. area prep school confirmed in the span of 18 months is probably the most concerning part of this. Our Supreme Court is made up of the Ivy League and Georgetown Prep.

That's fucked up.

 

And what's funny is the Republicans/Conservatives who complain about the "elites."  Kav and Gorsh are the most elite of the elite. 

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2 minutes ago, Mojo Hand said:

All justices have their little things.   Kennedy is a fame guy who wanted to go down in history for big things.   Roberts is an institutionalist who wants to preserve the perceived integrity of the Court.  Both of those things are party-neutral, even though those Justices have a conservative ideological bent guiding their analysis.  Even Thomas has real principles, albeit staunchly conservative.    Kavanaugh is a straight-up political operative who is guided by naked partisanship.   His opening statement yesterday was astounding and heralds a really bad era for the Court if the Dems choose to follow suit.   They're going to get the power soon enough. 

I'm wondering this big time now.  I have always thought Thomas and Gorsuch were certainly conservative in their principles and analysis, but not too political in the worst way, but I really wonder with Kavanaugh.  I had wondered whether he could end up slightly more moderate than it seemed when he actually got on the Court, but I do not really feel that way anymore.  I think this entire process has definitely damaged the Supreme Court as an institution as the entire point of the judiciary on one level is that it is apolitical (we know in the real world it has some impact but at least the analysis is guided this way as much as possible) in a good way.

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The only thing that could stop this now, IMO, is another big allegation with corroboration that is hard to ignore. 


This won’t do it.

He showed clearly he is a political operative without the temperament to serve. There was about as credible a witness as one could conceive of who stated her case. This thing is still steamrolling right along. Who will step up now that Republicans have shown they don’t care what anyone has to say, they’re guy is going through?

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7 minutes ago, jimmyjazz said:

But on the bright side, Gorsuch is no longer the SCOTUS stooge.  The other 7 have been frustrated with him since he sat on the bench . . . now he's gonna look positively resolute in comparison to Kavanaugh.

Maybe "lightning rod" is a better term for Gorsuch than "stooge".

Thomas is still the stooge.

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5 minutes ago, David Dennison said:

Having two justices from the same Washington, D.C. area prep school confirmed in the span of 18 months is probably the most concerning part of this. Our Supreme Court is made up of the Ivy League and Georgetown Prep.

That's fucked up.

The next thing you know the NFL will be getting players from Alabama, and prestigious research labs will be getting scientists from CalTech and MIT.

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1 minute ago, UTDD said:

The court will shift some with Kavanaugh there, but I do believe Roberts will shift slightly on some crucial cases that will end up 5-4 in ways even Kennedy might not have voted at times.  Robert's ACA ruling was very telling in how specific cases might break and I think at least for abortion (at least at its core the issue of fundamental right of privacy under the 14th) he won't go all the way, although you certainly could see further chipping away at it.  I think Roberts was actually a solid choice for Chief Justice considering how he was nominated and by whom all things considered.  

The other thing is, it is in the strong interest of the Republican Party to keep hiding the ball on Roe and always need "one more vote."  That's how they get their free pass to do anything else they want policy-wise while staying in office.   Also, Roe can't be overturned without putting a ticking clock on every R achievement on the Supreme Court from the last 20+ years.   Turnabout is fair play; if Roe can be revisited, so can Citizens United, and Heller, and everything else.   And they care about all of that more than abortion, which they actually give zero shits about and use purely to manipulate their base.   It would be a huge mistake for the Rs to actually overturn Roe, and I think they all know it. 

The most likely scenario, in my mind, is chipping away at Roe to keep the base on the hook while Roberts stands in the way of overturning it outright.   And the Rs will say, "keep voting R, we're still just one vote shy!", and their base will keep chasing that carrot. 

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Just now, Pancho Negro said:

And what's funny is the Republicans/Conservatives who complain about the "elites."  Kav and Gorsh are the most elite of the elite. 

The Republicans in power complain about this to get the votes of middle class and rural voters who believe them when they say they are fighting for their interests. 

They aren't. The Republican Party exists as an institution to protect capital. They don't give a whit about the working class.

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9 minutes ago, David Dennison said:

Having two justices from the same Washington, D.C. area prep school confirmed in the span of 18 months is probably the most concerning part of this. Our Supreme Court is made up of the Ivy League and Georgetown Prep.

That's fucked up.

I'm sure they just pulled up their bootstraps to pay tuition at Georgetown Prep.  All you poors should do the same if you want to make it in this world.

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2 minutes ago, Chad Fuck said:

 


This won’t do it.

He showed clearly he is a political operative without the temperament to serve. There was about as credible a witness as one could conceive of who stated her case. This thing is still steamrolling right along. Who will step up now that Republicans have shown they don’t care what anyone has to say, they’re guy is going through?
 

He's already argued on both sides of the usefulness of polygraph tests.  He cut his teeth in the Bush administrations, but had no problems embracing the worst features of Trumpism.  His first concern is not the law, but instead he will support whatever position is most politically expedient.

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Mf'er could have raped her in the courtroom and after 6 or 7 minutes, Graham would have been all indignant and outraged screaming

"Stop, we've seen enough.  Get that dirty, lyin woman out from underneath the victim.  

Sir, I want to applaud you and apologize for what this woman put you through. For five minutes I watched her lay in a naked choke hold and never attempt to defend herself.  At any point did you feel threatened or cheated or uncomfortable in any way? 'Cause we'll lock her up, she's under oath.  Just want to say that it's an honor watching you work and I hope you are able to come to grips with what happened here today so you can run the bench with the honor and integrity this country needs and deserves. Sir, you're a gotdam hero!  A hero. Now go back to what you were doing."

 

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12 minutes ago, David Dennison said:

Having two justices from the same Washington, D.C. area prep school confirmed in the span of 18 months is probably the most concerning part of this. Our Supreme Court is made up of the Ivy League and Georgetown Prep.

That's fucked up.

Whats' fucked up is the "good people" out there who have no problem with this, and by "good people" I mean elderly, evangelical, and less educated people in mostly rural areas. 

Keep voting against your self-interests.

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If Merrick Garland came under the same circumstances as Kavanaugh, I’m sure all the Johnny Sacks would be saying the same things.

I can tell you if Garland and the democrats behaved like Kavanaugh and the Republicans in this my position would be the same.  

Garland would be disqualified immediately for lack of candor and unfitness.  

Find someone else.

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1 minute ago, Asithappens said:

Whats' fucked up is the "good people" out there who have no problem with this, and by "good people" I mean elderly, evangelical, and less educated people in mostly rural areas. 

Keep voting against your self-interests.

they're going to come for their SS and medicare sooner or later.  That's a big pool of money just sitting there.  

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Just now, Hugo Stiglitz said:

If Merrick Garland came under the same circumstances as Kavanaugh, I’m sure all the Johnny Sacks would be saying the same things.

I can tell you if Garland and the democrats behaved like Kavanaugh and the Republicans in this my position would be the same.  

Garland would be disqualified immediately for lack of candor and unfitness.  

Find someone else.

But they never allowed it, so it never came to anything.  That's the rub. 

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He's already argued on both sides of the usefulness of polygraph tests.  He cut his teeth in the Bush administrations, but had no problems embracing the worst features of Trumpism.  His first concern is not the law, but instead he will support whatever position is most politically expedient.

He’s already shown this to be true in his rulings.

As to the make up of the SCt. I agree with many here. Where is the variety of religious background or lack thereof? The regional variety? Variety of law schools? Nonexistent.

The Court is not very representative of the public. It’s members come from a pretty tight circle. We would be better served if a wider net were cast. There are plenty of capable jurists out there to draw upon, yet our politics won’t allow it. It’s bad for the country.
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2 hours ago, bad_teammate said:

- He told FOX News that he kissed Renate and that's why he put "Renate Alumnus" in the yearbook. (Renate says they never kissed.)
- He told FOX News and the SJC that he was a virgin past HS. (His college roommate and yearbook say otherwise.)
- He said that' "devil's triangle" is a drinking game. (It's not.)
- He said that "boof" is farting. (It's not.)
- He said they didn't party on weeknights during the summer. (His own calendar says otherwise.)
- He said that "FFFFFFourth of July" is about a guy cussing. (It's not.)

There is a lot more.

Do you acknowledge that he's been dishonest throughout this process?

I don’t have time to fact check drinking games or names for farting. I’ll take you at your word. I guess he was dishonest during that hearing about some small details. Maybe were they “gaps” in his memory?

 

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1 minute ago, Hugo Stiglitz said:

If Merrick Garland came under the same circumstances as Kavanaugh, I’m sure all the Johnny Sacks would be saying the same things.

I can tell you if Garland and the democrats behaved like Kavanaugh and the Republicans in this my position would be the same.  

Garland would be disqualified immediately for lack of candor and unfitness.  

Find someone else.

Yeah, what we just saw was unprecedented.  The whole mystique of the SCOTUS was sort of torn down by watching the next justice go full partisan.  It wouldn't have sounded much different if Hannity was testifying.

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5 minutes ago, Mojo Hand said:

The other thing is, it is in the strong interest of the Republican Party to keep hiding the ball on Roe and always need "one more vote."  That's how they get their free pass to do anything else they want policy-wise while staying in office.   Also, Roe can't be overturned without putting a ticking clock on every R achievement on the Supreme Court from the last 20+ years.   Turnabout is fair play; if Roe can be revisited, so can Citizens United, and Heller, and everything else.   And they care about all of that more than abortion, which they actually give zero shits about and use purely to manipulate their base.   It would be a huge mistake for the Rs to actually overturn Roe, and I think they all know it. 

The most likely scenario, in my mind, is chipping away at Roe to keep the base on the hook while Roberts stands in the way of overturning it outright.   And the Rs will say, "keep voting R, we're still just one vote shy!", and their base will keep chasing that carrot. 

I agree with what you think will actually happen, and I also generally agree with this thought process for most of what I would call the country club/corporate faction of the Republican party, but I also believe there is a smaller faction within the party that truly wants to change the law (I'll call it the Pence wing even though that is not entirely accurate) at all costs.  I think this is also true of the immigration debate in that it's a good political issue for a lot of the party but that a smaller faction is extreme on the issue.  To be fair, I also suspect this was true of the Democrats in roughly 2010 with immigration as well in that they could have really turned up the heat on it with the control they had but maybe didn't for political gain.  

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17 minutes ago, Pancho Negro said:

Yup, that's exactly what your people--the Republicans--did.  They confirmed that rape doesn't matter. You confirmed that.  Congrats bro!

First of all, nobody was raped.

Nobody corroborated her story.  He said/she said from 35 years ago for somebody with an otherwise sterling rep. It’s not shocking that it’s discounted. 

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I'll try to explain my thoughts after having a day to digest.

First of all, her testimony was hard for me to watch.  My mom and wife had been victims in their life.  I'd rather not go into detail, but needless to say it has changed them, and in regard to my mom and watching her deal with it, it changed me.  Ford's a brave lady to come forward and testify before the whole country, and it ended up not even being taken seriously.  The worst was them basically feeling sorry for her, being taken advantage of by the democrats and it being the democrats fault that this wasn't taken seriously.  And that they believed her, but they thought she had the wrong guy (Ed Wheelan theory, anyone?).  They made her testimony a democrats vs republicans thing which I think was just utterly disrespectful to her.

Kavanaugh's opening statement also made me feel sad for him, her, America.  You can tell me I don't have to feel sad for him, but I did.  I guess I'm too emotionally vulnerable to follow this stuff seriously.  When he broke up talking about his daughter praying for his accuser, it punched a nail through my heart.  His subsequent testimony  made it apparent that he was unfit for the court and likely not being fully forthcoming about the allegation.  But it was gut-wrenching.

Quick story.  When I was in college I was a file clerk at the felony district attorney's office as I thought I may want to pursue the law at some point.  We were prosecuting a ~70+ man for having sex with his 15 year old great granddaughter.  It was just a file/case until it wasn't.  The family came in negotiate the plea.  The whole family.  The accused.  The victim.  The accused wife, his children, etc.  There were about 8 people in total.  I remember seeing their faces after they finished and left the room with our assistant DA, and they all looked so broken.  Just broken down and shattered emotionally.  Yesterday reminded me of that.

 

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Just now, GRHorn said:

First of all, nobody was raped.

Nobody corroborated her story.  He said/she said from 35 years ago for somebody with an otherwise sterling rep. It’s not shocking that it’s discounted. 

R&R--rape and racism

Your party. 

Congrats bro!  You did it!

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