Brett Kavanaugh
1Liner
: Kavanaugh is a victim and example of Democrats politicizing and undermining the autonomy of the Supreme Court.
|
|
The left has a rich history of politicizing and undermining the autonomy of the Supreme Court. Democrats put litmus tests on their sides appointments, and accuse the other side of doing the same -- but the truth is the right does not have to: their side fight for Constitutional originalism which limits federal power, while the left fights for activists who will invent laws from the bench (thus they need to know what those laws might be). This started with Samuel Chase and impeachment from the court in 1803 over judicial overreach and bad behavior. But in modern times the left invented slow rolling the other sides appointments, or outright blocking them on specious grounds. Then they invented the concept of "Borking" which is inventing lame excuses to slander justices to get them to withdraw, and undermine what is clearly a Presidential power. Ted Kennedy had actually tried it on Bill Rehnquist, immediately before Bork, but it had failed -- but the success of Bork'ing Bork, got them to repeated the effort with Douglas Ginsburg (successfully), and Clearance Thomas (unsuccessfully), and they still harass Thomas as a sexual deviant or Uncle Tom to this day. The latest was over Brett Kavanaugh. The far left had pre-printed posters to hate on whichever of the dozen Justices that Trump picked -- not for actual flaws in their character, or over bad rulings/behavior, but because they don't like constitutionalists on the court, and they were trying to get the Republicans back over their anger at not getting Merick Garland. They even leaked press releases with "{Insert Justice's Name Here}" in place of the actual justices name by accident. This wasn't about who was picked, it was that the far left (and their media) wasn't getting to stack the Supreme Court with anti-Constitutional radicals and so they found a far left activist to invent an unprovable claim of sexual harassment (back in the 10th grade: 36 years ago), and turned the process into a #metoo witch hunt.
Merrick Garland[edit source]
Hearings[edit | edit source]
The whole Kavanaugh hearings had nothing to do with Brett Kavanaugh, they had to do with rage over losing the election to Trump, and having Obama's, "Elections have consequences" crammed down their throats. If the Democrats had any wits at all, they'd have kept their powder dry and saved their histrionics for when RBG or one of the liberals on the court dies or retires, and Trump tries to replace them. Instead they waste their ammo firing wild. Like:
- They first stupidly used the Nuclear Option (no filibuster) back in Obama's term on a few lower level circuit judges -- and Republicans warned at the time, if you set this precedent, we'll use it when we win. Dems did it, and howled when the Republicans used the new standard against them.
- Then when Neil Gorsuch was picked off the list, as Trump had promised during the campaign, the Democrats had a fit. The election was won with the public knowing what they were getting, and the Democrats screamed unfair. It was a stupid waste of energy that helped them in the short term, but diluted the impact they'd have when the next guy got picked.
- Then Justice Kennedy decided to retire, and since he was a Constitutionalist/Conservative, he would be replaced by another Constitutionalist (instead of leftist activist, which is what the Dems wanted). Trump again went to the list he'd promised voters, and picked another moderate Constitutionalist, Brett Kavanaugh, and the left had this fit of unsportsmanlike conduct, that showed everyone they're irrational children, crying because they didn't win.
All this dilutes Democrats impact for the next one. If one of the anti-Constitutional far-left justices dies in office, or retires during a Trump second term, it'll be delicious to watch. The boy who cried wolf, will be ignored, because his screaming the last few times was over nothing.
More[edit | edit source]
Template:StripCategory2 • [0 items]
Conclusion[edit | edit source]
As was expressed in my Supreme Court article and others, Democrats aren't afraid of the Conservative bias, they fear a Constitutional bias. If they don't have enough over-emotional partisans that rule based on feelings, then the Constitution might reign supreme: and the rule of law is definitely against them. It means they'd have to pass things through the legislature. So that's why they're mad at Trump and Brett Kavanaugh: they both promised to follow the rule of law, and not the emotions of partisan Democrats. So the chart[1] shows where the justices fit on that spectrum, and Kavanaugh is hated because he takes an unreliable swing vote away from the activist side of the court, and delivers a more reliable constitutional (originalist/textualist) jurist that will protect against further progressive corruption and politicization of the court. And they hate that.
There is no other jurist that is as qualified as he is: deep judicial record, having written about 300 opinions. No one has sent more of his law clerks to clerk for the justices of the Supreme Court, Kavanaugh taught courses at leading law schools and published notable law review articles (so is both academic/scholar and practicing Judge). And technically that's the only thing the Senate is filtering for: is he qualified. The answer is yes. All the histrionics of the left, shows that they don't care what the law actually is, they just want to get their way, or will have a meltdown like the immature little children than they are.
🔗 More[edit source]
🔗 External Links
- Supreme Court
- Ginsberg Rule -- Since Ginsberg was an ACLU lawyer, and had argued many extreme things in the course of her job, that she had no obligation to answer questions about her personal views or on issues that might come before the Court. That became the new norm for Democrats appointees: Democrats never honor their own promises, as proven by how many times they ask the questions of the other side: https://www.heritage.org/commentary/the-ginsburg-rule
- http://thefederalist.com/2018/07/10/democrats-dont-fear-brett-kavanaugh-they-fear-constitution/
- https://www.nationalreview.com/news/brett-kavanaugh-trump-supreme-court-pick/
- http://www.foxnews.com/politics/2018/07/09/trump-nominates-brett-kavanaugh-to-supreme-court.html
- https://www.wsj.com/articles/kavanaugh-for-the-court-1531190695
- https://townhall.com/tipsheet/guybenson/2018/07/10/judge-brett-kavanaugh-president-trumps-solid-scotus-selection-n2498785
- https://www.breitbart.com/big-hollywood/2018/09/04/brett-kavanaugh-hearings-motherfking-soulless-gop-scum/
- http://www.scotusblog.com/2018/06/potential-nominee-profile-brett-kavanaugh/
- Interesting dissection of his rulings: https://www.popehat.com/2018/07/10/youll-hate-this-post-on-brett-kavanaugh-and-free-speech/
- https://www.theatlantic.com/ideas/archive/2018/10/brett-kavanaugh-and-problem-believesurvivors/572083/
- National Disgrace: https://www.nytimes.com/2018/10/04/opinion/kavanaugh-hearing-partisan-national-disgrace.html
- Believers and FakeRape:
- https://www.creators.com/read/michelle-malkin/10/17/beware-the-rape-allegation-bandwagon
- Fells Acres Day Care Center (Violet Amirault) - https://en.wikipedia.org/wiki/Fells_Acres_Day_Care_Center_preschool_trial - http://reason.com/blog/2010/01/15/dorothy-rabinowitz-on-martha-c - https://www.overlawyered.com/2010/01/martha-coakley-and-the-amirault-case/
- McMartin Preschool - https://en.wikipedia.org/wiki/McMartin_preschool_trial - https://www.thenation.com/article/finality-or-justice/
- Edenton 7 - Little Rascals Day Care in Edenton, South Carolina
- Bakersfield, California “sex ring” case (John Stoll) - https://spectator.org/51288_our-witch-trials/
- Wee Care Day Nursery in Maplewood, New Jersey
- Wenatchee, Washington - 2,400+ counts of sex abuse, sentenced to long prison terms mostly on the testimony of a mentally disturbed child (who later admitted it was all lies) living in the home of the police officer who conducted the investigation.
- Book - No Crueler Tyrannies (False Witness) - introduction to the nightmare world of ludicrous accusations, self-righteous prosecutors and off-the-wall therapists, complicit judges, credulous media and hysterical publics - https://www.amazon.com/exec/obidos/tg/detail/-/0743228340/qid=1059023069/sr=1-1/ref=sr_1_1/103-3622005-9800669?v=glance&s=books
Red Flags - 1. The accuser uses the press instead of the process. 2. The accuser times releasing the accusation for an advantage. 3. The accuser attacks the process instead of participating. 4. When the accused’s opportunity to mount a defense is delegitimized. 5. The accuser seeks to force the accused to defend himself or herself before committing to a final version. 6. The accused makes a strong and unequivocal denial. 7. The accuser makes unusual demands to modify or control the process. 8. When the accuser’s ability to identify the accused has not been properly explained. 9. When witnesses don’t corroborate. 10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information.
Memory
- https://www.ted.com/talks/elizabeth_loftus_the_fiction_of_memory/transcript?referrer=playlist-the_value_of_skepticism
- Devil's Triangle: https://www.nationalreview.com/news/kavanaugh-hearings-georgetown-prep-alumni-devils-triangle/
- Reporters making it worse: https://www.nationalreview.com/2018/10/kavanaugh-hearings-partisan-reporters-making-it-worse/
- WalkAway - https://www.facebook.com/groups/OFFICIALWalkAwayCampaign/permalink/2148721181814445/
- Bar Fight (Beer) - https://www.theblaze.com/news/2018/10/02/man-claims-kavanaugh-threw-beer-in-mans-face-during-bar-fight-then-the-police-report-is-released
- Job Interview - https://www.wsj.com/articles/this-is-no-mere-job-interview-1538313919
Title IX / Campus abuses against men and due process
- http://reason.com/blog/2016/08/02/usc-title-ix-official-campus-rape
- https://reason.com/blog/2017/01/31/amherst-student-expelled-for-sexual-misc
- https://www.nytimes.com/2017/04/05/books/review-laura-kipnis-unwanted-advances.html
- https://www.newyorker.com/news/news-desk/trouble-teaching-rape-law
- https://www.washingtonpost.com/opinions/due-process-is-still-being-kicked-off-campus/2016/05/13/cbf3ee6e-1860-11e6-9e16-2e5a123aac62_story.html?utm_term=.82aa557969a5
- https://apnews.com/29ab384443b54e2c9c9a0904f828ad7b
Male Rape Victims more common than female (or at least than expected).
- https://www.theguardian.com/commentisfree/cifamerica/2012/feb/21/us-more-men-raped-than-women
- http://www.slate.com/articles/double_x/doublex/2014/04/male_rape_in_america_a_new_study_reveals_that_men_are_sexually_assaulted.html
- https://www.foxnews.com/us/oklahoma-teacher-22-socked-with-criminal-charges-for-alleged-sex-romp-with-underage-boy
- https://people.com/crime/oklahoma-teacher-accused-sex-eighth-grade-boy/
- https://metro.co.uk/2018/08/29/teacher-who-raped-boy-11-jailed-for-60-years-with-no-chance-of-parole-7891897/
- https://www.dailymail.co.uk/news/article-4623040/Teacher-27-accused-sodomizing-raping-boy.html
- https://www.washingtonpost.com/news/education/wp/2018/03/01/anyone-could-molest-you-boy-tells-parents-about-sexual-relationship-with-middle-school-teacher/?utm_term=.4904fa64f36a
- https://nypost.com/2018/08/03/student-told-cops-he-had-sex-with-teacher-in-classroom/
- Mitchells analysis - http://apps.washingtonpost.com/g/documents/politics/rachel-mitchells-analysis/3221/
- https://babylonbee.com/news/kavanaugh-produces-star-wars-bed-sheets-to-prove-he-was-virgin-in-high-school
Kavanaugh - Confirm