Law Justice Brett Kavanaugh Megathread - Megathread for Brett Kavanaugh, US Supreme Court Justice

they're good justices, brentt

https://www.cnbc.com/2018/07/05/trump-picks-brett-kavanaugh-for-supreme-court.html

President Donald Trump has picked Brett Kavanaugh, a federal appeals court judge with extensive legal credentials and a lengthy political record, to succeed Justice Anthony M. Kennedy on the Supreme Court, NBC News reported.

Kavanaugh, 53, is an ideological conservative who is expected to push the court to the right on a number of issues including business regulation and national security. The favorite of White House Counsel Donald McGahn, Kavanaugh is also considered a safer pick than some of the more partisan choices who were on the president’s shortlist.

A graduate of Yale Law School who serves on the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh has the traditional trappings of a presidential nominee to the high court.


If confirmed, the appellate judge would become the second young, conservative jurist Trump has put on the top U.S. court during his first term. Kavanaugh's confirmation would give the president an even bigger role in shaping U.S. policy for decades to come. The potential to morph the federal judiciary led many conservatives to support Trump in 2016, and he has not disappointed so far with the confirmation of conservative Supreme Court Justice Neil Gorsuch and numerous federal judges.

At times, he has diverged from the Republican party’s ideological line on important cases that have come before him, including on the Affordable Care Act, the 2010 health care law which Kavanaugh has declined to strike down on a number of occasions in which it has come before him.

Anti-abortion groups quietly lobbied against Kavanaugh, pushing instead for another jurist on Trump’s shortlist, 7th U.S. Circuit Court of Appeals Judge Amy Coney Barrett, ABC News reported in the run-up to Trump’s announcement.

Kavanaugh received his current appointment in 2006 after five years in the George W. Bush administration, where he served in a number of roles including staff secretary to the president. He has been criticized for his attachment to Bush, as well as his involvement in a number of high-profile legal cases.

For instance, Kavanaugh led the investigation into the death of Bill Clinton’s Deputy White House Counsel Vince Foster, and assisted in Kenneth Starr’s 1998 report outlining the case for Clinton’s impeachment.

Democrats criticized Kavanaugh’s political roles during his 2006 confirmation hearing before the Senate Judiciary Committee.

“Your experience has been most notable, not so much for your blue chip credentials, but for the undeniably political nature of so many of your assignments,” Sen. Chuck Schumer, D-N.Y., said at the time.

“From the notorious Starr report, to the Florida recount, to the President’s secrecy and privilege claims, to post-9/11 legislative battles including the Victims Compensation Fund, to ideological judicial nomination fights, if there has been a partisan political fight that needed a very bright legal foot soldier in the last decade, Brett Kavanaugh was probably there,” Schumer said.

Kavanaugh's work on the Starr report has been scrutinized by Republicans who have said it could pose trouble for the president as he negotiates with special counsel Robert Mueller over the terms of a possible interview related to Mueller's Russia probe. The 1998 document found that Clinton's multiple refusals to testify to a grand jury in connection with Starr's investigation were grounds for impeachment.

In later years, Kavanaugh said that Clinton should not have had to face down an investigation during his presidency. He has said the indictment of a president would not serve the public interest.

Like Trump's first nominee to the Supreme Court, Neil Gorsuch, Kavanaugh clerked for Kennedy. If he is confirmed, it will mark the first time ever that a current or former Supreme Court justice has two former clerks become justices, according to an article by Adam Feldman, who writes a blog about the Supreme Court.

Kavanaugh teaches courses on the separation of powers, the Supreme Court, and national security at Harvard Law School and Yale Law School, and does charitable work at St. Maria’s Meals program at Catholic Charities in Washington, D.C., according to his official biography.

https://www.washingtonexaminer.com/...ett-kavanaugh-nomination-by-a-28-point-margin

After a blistering confirmation battle, Justice Brett Kavanaugh will take his seat for oral arguments on the U.S. Supreme Court with a skeptical public, a majority of which opposed his nomination. However, Democrats may not be able to exploit this fact in the upcoming elections as much as they hope, because the independent voters overwhelmingly disapprove of their own handling of the nomination by a 28-point margin, a new CNN/SSRS poll finds.

Overall, just 41 percent of those polled said they wanted to see Kavanaugh confirmed, compared to 51 percent who said they opposed his confirmation. In previous CNN polls dating back to Robert Bork in 1987, no nominee has been more deeply underwater.

What's interesting, however, is even though Democrats on the surface would seem to have public opinion on their side, just 36 percent approved of how they handled the nomination, compared to 56 percent who disapproved. (Republicans were at 55 percent disapproval and 35 percent approval). A further breakdown finds that 58 percent of independents disapproved of the way the Democrats handled the nomination — compared to 30 percent who approved. (Independents also disapproved of Republicans handling of the matter, but by a narrower 53 percent to 32 percent margin).

Many people have strong opinions on the way the Kavanaugh nomination will play out in November and who it will benefit. The conventional wisdom is that it will help Democrats in the House, where there are a number of vulnerable Republicans in suburban districts where losses among educated women could be devastating, and that it will help Republicans in the Senate, where the tossup races are in red states where Trump and Kavanaugh are more popular.

That said, it's clear that the nomination energized both sides, and that the tactics pursued by the parties turned off independent voters in a way that makes it much harder to predict how this will end up affecting election outcomes.
 
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And looks like tweeters gotten in on the Graham Game too
Do2bI4QUcAA3IGd.jpg

https://twitter.com/GayPatriot/status/1048664875940155395
 
If the GOP keep control of both the House and Senate, then the leftist tears will freely flow.

And, remarkably, that's not impossible at this point. The Democrats certainly won't get enough votes to impeach in the Senate. I reckon the House could go either way at this point. Interestingly the enthusiasm gap closed during the shitshow over Kavanaugh

https://www.npr.org/2018/10/03/6540...-battle-democratic-enthusiasm-edge-evaporates

And the Generic Ballot gives the Dems +7

https://www.realclearpolitics.com/epolls/other/2018_generic_congressional_vote-6185.html#!

However the generic ballot has historically tended to overestimate Dem support, presumably because Republicans are scared to tell pollsters because the media has convinced everyone Left = Nice and Right = Nasty.

https://www.peoplespunditdaily.com/...s-overstate-midterm-support-democratic-party/

View attachment 560832

tl;dr - the Dems can't get a supermajority in the Senate to impeach. They're +7 on the generic ballot but that might be overestimating support for the Democrats due to the 'shy Republican' effect which means they're not by any means guaranteed to get a majority in the House.

Ok quick lesson time about how the media distorts polling to support their narrative. The “Generic Ballot” while occasionally a useful broad metric in measuring overall feel if the electorate, is mainly a tool of the Presidential Election years. It is absolutely fucking worthless in Mid Term Elections. The high density urban areas overweight the results. But the actual elections are District by District local ones, that are rarely actually polled, and certainly never polled by the media. You may seem some decent State polling for Senators. And maybe a handful of hotly contested urban House Seats. But the Generic Ballot numbers are pure unrefined undiluted garbage. Really all they tell you is California would still vote for Hillary. But they are used by media in an attempt to drive down GOP voter turnout in the midterms.


Will anyone be surprised when Blumenthal gets outed as a sex offender? Something about him just screams “protect the children!” To your hindbrain.
 
Going to get a beer today, I'm still not tired of all this winning, expect tons of suicide baiting, people wanting to move to Canada again and troons fearmongering and shilling patreon very hard

Remember when you see the suicide baiting be kind and give them the help that they so clearly need...

It’s cut up and around, not across. Everybody always gets that wrong.
 
And here’s one of the unspoken thing about elections. The normies? The undecideds? Those without party affiliation? They break for winners. And right now Trump and McConnell and the GOP are huge seemingly unstoppable winners. Economically, Foreign Policy, Trade, Job Creation, Stock Market, Tax Cuts, Supreme Court. And this fight just consolidated them into a solid winning team. Feinstein, Schumer, Harris? They are losers. The public associates them with aging dinosaurs and Obama’s policy of “those prosperous days are gone forever, get used to it.” The term in the 70’s was “Malaise”. By and large voters don’t vote on the basis of outrage. They don’t vote against those who make them feel outraged. They vote for those who win for them. The Dem’s just lost. They lost big time. They lost while using every dirty trick in the book including their magic trump card of false rape accusations. They lost while having a stranglehold on the traditional media..

I was already reaching for the "Malasie" jar when you beat me to it, Good Sir. The more time goes by, the more I believe that Obama's place in history will indeed be right beside Jimmy Carter, a lefty moralist President who had no convictions, couldn't lead, drug his feet on economic matters, adopted ruinous "feel good" policy that sounded nice but didn't work and scolded the populace for not being inspired enough to MAKE it work...

It should be noted that Carter was ultimately replaced by a Republican who said "Fuck that mopey dopey stuff, there's nothing wrong with you Americans and here's how we're going to get back to work" and actually improved things so much, that the poor little Democrats would curse his name for decades afterwards because not only did he not fail as they predicted, he became more popular and beloved than they ever were while doing everything the wrong way.

And that man was Albert Einstein Ronald Reagan.

Be afraid, soyboys, be very afraid.
 
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https://www.vox.com/platform/amp/po...me-court-senate-confirmation-republicans-yolo
vox1.png

Forty-nine Senate Republicans and one Democrat just confirmed Brett Kavanaugh to the United State Supreme Court. No allegations, no protesters, no public opinion poll showing Brett Kavanaugh is the most unpopular person to be elevated to the nation’s highest court in recent history was going to stop them.

To the senators who confirmed him, it did not matter that Christine Blasey Ford testified for four hours under oath and told the Senate Judiciary Committee that she was “100 percent” certain Brett Kavanaugh was the boy who pulled her into a room at a high school party 36 years ago and tried to force himself on her. It did not matter that Kavanaugh appeared to, at best, mislead senators in his own testimony. It did not matter that, unlike Clarance Thomas who also faced allegations of sexual misconduct, the public thought Kavanaugh’s accuser was more credible than he was.

Sen. Lisa Murkowski (R-AK) framed the Senate’s decision simply, days before the final vote: “It is about whether or not a woman who has been a victim at some point in her life is to be believed.”

The Senate has answered definitively: We do not believe her, not really, and we don’t care that the public does.


Sen. Susan Collins (R-ME) speaks to reporters after a floor speech to announce that she will vote for the nomination of Supreme Court Judge Brett Kavanaugh on October 5, 2018. Alex Wong/Getty Images
This is the governing ideology of the Republican Party: We don’t care what anybody else thinks. We have the power. We have the will. We have the votes. We’ll do what we want.

In politics, there’s winning the argument, and there’s winning the vote. Republicans lost the argument, but they ultimately had the votes.

Republicans don’t care if their nominee is unpopular
The American public believes Christine Blasey Ford more than they believe Brett Kavanaugh. An NPR/PBS NewsHour/Marist poll found that 45 percent of Americans thought she was the one telling the truth at last week’s Senate hearing, while 33 percent thought Kavanaugh was. It was a notable shift from the Anita Hill-Clarence Thomas hearings, when 58 percent of Americans said they believed Thomas more and only 24 percent said Hill.

Thomas, in other words, was confirmed to the Supreme Court with overwhelming public support, compared to his accuser. Now Kavanaugh will also be confirmed — but in direct defiance of the public, which finds his accuser, Ford, more credible than him.

We could litigate the merits of Ford’s allegations and Kavanaugh’s credibility until the end of days. Republicans tried to have it both ways, being careful to suggest she experienced something traumatic but speculating perhaps she was mistaken about who had done it to her.


Andrew Harnik-Pool/Getty Images
Her testimony, under sworn oath, said she was “100 percent” certain her attacker was Kavanaugh. Republicans also have no evidence to support their claims that Ford might have been assaulted some other time, in some other place, by some other person.

Yet they kept making them, ignoring any questions about Kavanaugh’s own honesty and clinging to an ill-defined standard of additional corroboration for an alleged assault that only the victim and perpetrators would have actually witnessed, nearly 40 years ago. And Democratic Sen. Joe Manchin took the same position.

But that was typical of the GOP’s argument. Whatever rhetorical contortions were necessary, whatever procedural formalities must be endured, whatever must be done to put Brett Kavanaugh on the Supreme Court would be done.

Republicans are fine pushing past the backlash. Look at health care.
That is the normal way of doing business under two years of Republican rule and President Trump.

It started with Obamacare repeal. If Democrats bent the rules when they passed the health care law in the first place, Republicans abandoned the legislative process altogether to try to repeal it.

There was no regular order, no committee hearings to consider and draft and produce the legislation — until some Republican senators expressed discomfort with passing a rushed bill that was written behind closed doors. So the Senate held some show hearings, to make it look like the normal process was being followed. It was not unlike the heavily curtailed FBI investigation that was permitted only after a few Republican senators expressed discomfort with Kavanaugh’s nomination because of the sexual assault allegations.


Activists rally against the GOP health care plan outside of the Metropolitan Republican Club in New York City on July 5, 2017. Drew Angerer/Getty Images
Republicans twisted themselves in knots to argue they weren’t rolling back protections for preexisting conditions (though almost every expert said they were) or that they wouldn’t be making deep budget cuts to Medicaid (instead asserting they were “slowing the growth of the program’s spending”). They were so desperate to do something, anything, to deliver on a seven-year promise to repeal and replace the law that the Senate was ready to pass a bill that Republicans themselves didn’t want to become law just to keep the debate alive.

The polling was unambiguous: The Republican health care plan was the most unpopular major legislation in three decades. But the House passed a bill and the Senate came within one John McCain thumbs-down of passing its own.

Republicans lost the argument, and that time, they also didn’t have the votes. But just barely.

The only thing certain in politics is that Republicans will cut taxes and confirm judges
The other major thing on Republicans’ agenda when they took power was cutting the corporate tax rate. Unlike health care, Republicans care a lot about cutting taxes. Tax cuts are the most unifying policy within the Republican Party — and preserving a conservative-leaning judiciary isn’t far behind.

“The Republican Party does three things: cut taxes, kill terrorists and confirm judges. When we do those things, we energize our base and are also appealing to independent voters,” Matt Gorman, a spokesperson for the National Republican Congressional Committee, told Katie Glueck and Adam Wollner of McClatchy this week.


President Trump holds an event celebrating the Republican tax cut plan in the East Room of the White House on June 29, 2018. Cheriss May/NurPhoto via Getty Images
But even though tax cuts tend to be popular, this tax cut package was not. In fact, the Republican tax bill actually grew more unpopular as Congress debated it, as the Wall Street Journal reported at the time — but they passed it anyway, with no dissenting GOP votes in the Senate. It only got worse with age and lost even more ground with the public by June, when just 34 percent of Americans said they supported the tax law.

What the Republican Party cared about — and ultimately what got the votes — was the donor class, which was very pleased with the package.

Conservatives wanted Kavanaugh. They got him. And that’s all that mattered.
Senate Republican leader Mitch McConnell has made confirming judges his top priority, and he has been fixated for months on filling retired Justice Anthony Kennedy’s seat.

Ford’s allegations, as well as those of Deborah Ramirez and Julie Swetnick, put the Republican dream at serious risk. McConnell treated Ford’s allegation, more or less, as an inconvenience: Before she even testified, he promised the conservative base that Senate Republicans would “plow right through.” Ultimately, he took the risk of pushing through an unpopular nominee, and it paid off. He had the votes.

Through all the protests, it revealed that Republicans had a common enemy — those preening, devious Democrats — and that trumped any doubts about whether Kavanaugh might have assaulted Ford. In a Senate floor speech justifying her vote for Kavanaugh, Sen. Susan Collins (R-ME) focused early and often on the nameless “special interests” that had been arrayed against Kavanaugh well before Ford’s story was known and implied that Ford herself had been exploited by the judge’s enemies.


Senate Judiciary Committee member Sen. Jeff Flake (R-AZ) speaks with colleagues on the nomination of Brett M. Kavanaugh on September 28, 2018. Brendan Smialowski/AFP/Getty Images
That Kavanaugh was the most unpopular, most divisive Supreme Court nominee in a generation didn’t ever factor into it. The base was happy, and Republicans have seen their odds of holding the Senate rise. The conservative intelligentsia was happy, finally nearing the completion of their decades-long quest to make and keep the high court conservative. They were the ones who mattered.

Christine Blasey Ford knew this might happen when she came forward.

“I was … wondering whether I would just be jumping in front of a train that was headed to where it was headed anyway,” she told the Senate Judiciary Committee, “and that I would just be personally annihilated.”

She was right: The destination was already set.
http://archive.is/UJP2a
 
Bubba's not so bad if you're polite and respectful to country boys. The hambeasts and soy boys that got thrown in the tank with Bubba are neither.

They are getting jailed in DC. There ain’t no Bubba’s in DC jail. It’s all 7’ 300lb black dudes named Tyrone and MS-13 gangbangers. As if these suburban white pink haired soy boy Beta fools thought they knew anything about being sexual assault survivors before today...
 
https://www.vox.com/platform/amp/po...me-court-senate-confirmation-republicans-yolo
View attachment 560879
Forty-nine Senate Republicans and one Democrat just confirmed Brett Kavanaugh to the United State Supreme Court. No allegations, no protesters, no public opinion poll showing Brett Kavanaugh is the most unpopular person to be elevated to the nation’s highest court in recent history was going to stop them.

To the senators who confirmed him, it did not matter that Christine Blasey Ford testified for four hours under oath and told the Senate Judiciary Committee that she was “100 percent” certain Brett Kavanaugh was the boy who pulled her into a room at a high school party 36 years ago and tried to force himself on her. It did not matter that Kavanaugh appeared to, at best, mislead senators in his own testimony. It did not matter that, unlike Clarance Thomas who also faced allegations of sexual misconduct, the public thought Kavanaugh’s accuser was more credible than he was.

Sen. Lisa Murkowski (R-AK) framed the Senate’s decision simply, days before the final vote: “It is about whether or not a woman who has been a victim at some point in her life is to be believed.”

The Senate has answered definitively: We do not believe her, not really, and we don’t care that the public does.


Sen. Susan Collins (R-ME) speaks to reporters after a floor speech to announce that she will vote for the nomination of Supreme Court Judge Brett Kavanaugh on October 5, 2018. Alex Wong/Getty Images
This is the governing ideology of the Republican Party: We don’t care what anybody else thinks. We have the power. We have the will. We have the votes. We’ll do what we want.

In politics, there’s winning the argument, and there’s winning the vote. Republicans lost the argument, but they ultimately had the votes.

Republicans don’t care if their nominee is unpopular
The American public believes Christine Blasey Ford more than they believe Brett Kavanaugh. An NPR/PBS NewsHour/Marist poll found that 45 percent of Americans thought she was the one telling the truth at last week’s Senate hearing, while 33 percent thought Kavanaugh was. It was a notable shift from the Anita Hill-Clarence Thomas hearings, when 58 percent of Americans said they believed Thomas more and only 24 percent said Hill.

Thomas, in other words, was confirmed to the Supreme Court with overwhelming public support, compared to his accuser. Now Kavanaugh will also be confirmed — but in direct defiance of the public, which finds his accuser, Ford, more credible than him.

We could litigate the merits of Ford’s allegations and Kavanaugh’s credibility until the end of days. Republicans tried to have it both ways, being careful to suggest she experienced something traumatic but speculating perhaps she was mistaken about who had done it to her.


Andrew Harnik-Pool/Getty Images
Her testimony, under sworn oath, said she was “100 percent” certain her attacker was Kavanaugh. Republicans also have no evidence to support their claims that Ford might have been assaulted some other time, in some other place, by some other person.

Yet they kept making them, ignoring any questions about Kavanaugh’s own honesty and clinging to an ill-defined standard of additional corroboration for an alleged assault that only the victim and perpetrators would have actually witnessed, nearly 40 years ago. And Democratic Sen. Joe Manchin took the same position.

But that was typical of the GOP’s argument. Whatever rhetorical contortions were necessary, whatever procedural formalities must be endured, whatever must be done to put Brett Kavanaugh on the Supreme Court would be done.

Republicans are fine pushing past the backlash. Look at health care.
That is the normal way of doing business under two years of Republican rule and President Trump.

It started with Obamacare repeal. If Democrats bent the rules when they passed the health care law in the first place, Republicans abandoned the legislative process altogether to try to repeal it.

There was no regular order, no committee hearings to consider and draft and produce the legislation — until some Republican senators expressed discomfort with passing a rushed bill that was written behind closed doors. So the Senate held some show hearings, to make it look like the normal process was being followed. It was not unlike the heavily curtailed FBI investigation that was permitted only after a few Republican senators expressed discomfort with Kavanaugh’s nomination because of the sexual assault allegations.


Activists rally against the GOP health care plan outside of the Metropolitan Republican Club in New York City on July 5, 2017. Drew Angerer/Getty Images
Republicans twisted themselves in knots to argue they weren’t rolling back protections for preexisting conditions (though almost every expert said they were) or that they wouldn’t be making deep budget cuts to Medicaid (instead asserting they were “slowing the growth of the program’s spending”). They were so desperate to do something, anything, to deliver on a seven-year promise to repeal and replace the law that the Senate was ready to pass a bill that Republicans themselves didn’t want to become law just to keep the debate alive.

The polling was unambiguous: The Republican health care plan was the most unpopular major legislation in three decades. But the House passed a bill and the Senate came within one John McCain thumbs-down of passing its own.

Republicans lost the argument, and that time, they also didn’t have the votes. But just barely.

The only thing certain in politics is that Republicans will cut taxes and confirm judges
The other major thing on Republicans’ agenda when they took power was cutting the corporate tax rate. Unlike health care, Republicans care a lot about cutting taxes. Tax cuts are the most unifying policy within the Republican Party — and preserving a conservative-leaning judiciary isn’t far behind.

“The Republican Party does three things: cut taxes, kill terrorists and confirm judges. When we do those things, we energize our base and are also appealing to independent voters,” Matt Gorman, a spokesperson for the National Republican Congressional Committee, told Katie Glueck and Adam Wollner of McClatchy this week.


President Trump holds an event celebrating the Republican tax cut plan in the East Room of the White House on June 29, 2018. Cheriss May/NurPhoto via Getty Images
But even though tax cuts tend to be popular, this tax cut package was not. In fact, the Republican tax bill actually grew more unpopular as Congress debated it, as the Wall Street Journal reported at the time — but they passed it anyway, with no dissenting GOP votes in the Senate. It only got worse with age and lost even more ground with the public by June, when just 34 percent of Americans said they supported the tax law.

What the Republican Party cared about — and ultimately what got the votes — was the donor class, which was very pleased with the package.

Conservatives wanted Kavanaugh. They got him. And that’s all that mattered.
Senate Republican leader Mitch McConnell has made confirming judges his top priority, and he has been fixated for months on filling retired Justice Anthony Kennedy’s seat.

Ford’s allegations, as well as those of Deborah Ramirez and Julie Swetnick, put the Republican dream at serious risk. McConnell treated Ford’s allegation, more or less, as an inconvenience: Before she even testified, he promised the conservative base that Senate Republicans would “plow right through.” Ultimately, he took the risk of pushing through an unpopular nominee, and it paid off. He had the votes.

Through all the protests, it revealed that Republicans had a common enemy — those preening, devious Democrats — and that trumped any doubts about whether Kavanaugh might have assaulted Ford. In a Senate floor speech justifying her vote for Kavanaugh, Sen. Susan Collins (R-ME) focused early and often on the nameless “special interests” that had been arrayed against Kavanaugh well before Ford’s story was known and implied that Ford herself had been exploited by the judge’s enemies.


Senate Judiciary Committee member Sen. Jeff Flake (R-AZ) speaks with colleagues on the nomination of Brett M. Kavanaugh on September 28, 2018. Brendan Smialowski/AFP/Getty Images
That Kavanaugh was the most unpopular, most divisive Supreme Court nominee in a generation didn’t ever factor into it. The base was happy, and Republicans have seen their odds of holding the Senate rise. The conservative intelligentsia was happy, finally nearing the completion of their decades-long quest to make and keep the high court conservative. They were the ones who mattered.

Christine Blasey Ford knew this might happen when she came forward.

“I was … wondering whether I would just be jumping in front of a train that was headed to where it was headed anyway,” she told the Senate Judiciary Committee, “and that I would just be personally annihilated.”

She was right: The destination was already set.
http://archive.is/UJP2a
>Republicans lost the argument
>because muh polls
>because they didn't listen and believe

Really now?
 
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