Tag Archives: courts

The Supreme Court

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As I write this (Saturday morning), Supreme Court Justice nominee Brett Kavanaugh has not been confirmed; although, that seems more likely than I had thought Friday morning before the cloture vote.  Nevertheless, here’s why we need another textualist Justice on the Court—from the words of another Supreme Court Justice.

Associate Supreme Court Justice Elena Kagan said Friday she fears the high court may lack a justice going forward who would serve as a swing-vote on cases….

And

Kagan said at a conference for women at Princeton University that over the past three decades…there was a figure on the bench “who found the center or people couldn’t predict in that sort of way.”

She made her view explicit:

It’s not so clear, that I think going forward, that sort of middle position—it’s not so clear whether we’ll have it[.]
…
It’s an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply extension of a terribly polarizing process.

In one respect, it’s shocking that a Supreme Court Justice would have so little understanding of the role of American judges in our nation—in their role at the foundation of our freedom.

What’s polarizing and destructive of the Court’s credibility is its penchant for ruling on the basis of their individual views of what society needs or wants, even to the point of rewriting a law, as Chief Justice Roberts did in order to “save” Obamacare.  Determinations of what society needs and modifications of law are political decisions, that only We the People, through our elected representatives, can make.  That’s clear from our Constitution’s Article I, Section 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Short, sweet, to the point, and not at all susceptible to misunderstanding.

Nor can a judge rule for the sake of achieving what seems to be—to the judge—some sort of “middle ground.”

A judge can only rule on the basis of what a law, or our Constitution, says.

Full stop.

A Response

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Recall Senator Richard Blumenthal’s (D, CT) sly innuendo about Supreme Court Justice nominee Brett Kavanaugh during last Thursday’s (has it been only a week?) Senate Judiciary Committee hearing to receive testimony from Dr Christine Blasey Ford and Judge Kavanaugh:

As a federal judge, you’re aware of the jury instruction falsus in uno, falsus in omnibus [false in one thing, false in everything], are you not? You’re aware of that jury instruction.

Where Blumenthal was being legally pedantic, Victor Davis Hanson has an idea of an entirely appropriate response by Judge Kavanaugh, a broader, literary one, from Horace:

Mutato nomine de te fabula narratur [change only the name, and the story is about you]

Indeed.

An FBI Investigation

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Senator Jeff Flake (R, AZ) sold his Supreme Court Justice nominee Brett Kavanaugh confirmation floor vote for a week-long FBI investigation into Dr Christine Blasey Ford’s accusation against Kavanaugh.  Ostensibly this was a deal he made with his BFF, Senator Chris Coons (D, DE), in return for the Senate’s Progressive-Democrats dropping their complaints that six prior FBI background checks of Kavanaugh didn’t turn up enough dirt to suit them.

Immediately after the Senate Judicial Committee hearing to vote on passing Kavanaugh’s nomination out of committee with a favorable vote (it was) Coons said that if any other allegations of sexual misconduct against Kavanaugh surfaced during the week, he believed those would have to be investigated, too.  The deal, plainly, was just one more stall by the Progressive-Democrats so they could manufacture more smear.  It’s hard for me to believe that Flake was unwittingly played by his friend.

Minimizing delay and calling the Progressive-Democrats’ bluff, President Donald Trump ordered the FBI to conduct its investigation, starting last Friday (Trump ordered it to begin “immediately”), limited in scope to Dr Ford’s accusation, and to complete their investigation within a week.  Senate Majority Leader Mitch McConnell (R, KY) began, Friday evening, the process for the originally scheduled Tuesday floor vote for confirmation.  The combination, if the FBI’s investigation truly is done as ordered, means the floor vote can occur over the weekend—a small delay.

We’ll see what else the Party of Character Assassination will come up with in this week.

Sadly, what’s lost in all of this is how disgustingly the Progressive-Democrats have treated Dr Ford.  They chose to use her accusation—and it’s clear to me that she was abused by someone those decades ago—to manufacture a smear against Kavanaugh.  Further, by holding Dr Ford’s accusation until the last moment—she had written to Senator Dianne Feinstein (D, CA) ‘way back in July, requesting anonymity at that time—these persons prevented the Committee and the FBI from investigating her claim weeks ago without exposing her.  Feinstein’s—their (does anyone really believe Feinstein didn’t share this opportunity with her colleagues?  Does anyone really believe that during those weeks Feinstein, et al., kept Dr Ford’s letter hidden from the FBI and from the Republican Committee members, they didn’t conduct their own investigation, that they really sprang this affair without knowing what they had in their hands?)—decision to expose Dr Ford to the press at the last moment was done solely for her/their personal political gain.

These Progressive-Democrats have abused Dr Ford almost as badly as did her unknown assailant.

Unitary Executive

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Senator Ben Sasse (R, NE), a member of the Senate Judiciary Committee that held hearings last week on Judge Brett Kavanaugh’s nomination to the Supreme Court, had an op-ed in Thursday’s Wall Street Journal that opened with this.

Brett Kavanaugh has been accused of hating women, hating children, hating clean air, wanting dirty water. He’s been declared an existential threat to the nation.

He’s also accused of favoring a unitary Executive and thereby ceding dangerously broad power to the President.

What the accusers carefully ignore is that it’s Congress that has so broadly expanded the power of a unitary Executive, while eliding the fact that our Constitution’s Article II created the unitary Executive in the first place.  It is, after all, Congress that has created all of the Agencies and Cabinet Departments that are in the Executive Branch.  It is Congress that has delegated all the power to those facilities by ceding to them rule-making authority.  All the Executive can do is hire and fire the facilities’ management teams–the only check he has on an overreaching Congress and its abuse of power.

Connections

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One in particular stands out for me: that between Senator Amy Klobuchar (D, MN) and the truth.  Charles Hurt, in the Washington Times, has the sordid story.

[Klobuchar] claims to have read 148,000 documents that reveal Judge Kavanaugh to be so heinous as to be unfit for the high court.

OK, let’s say Ms. Klobuchar spent two minutes reading each document. That would be 296,000 minutes—or 205 days—reading these documents. Which is pretty remarkable considering Judge Kavanaugh was nominated 55 days ago.

There is another word for this. It is called a “lie.” And the person who utters it is known as a “liar,” even if the person she tells this “lie” to is so sleepy-eyed as to appear to be fully asleep.

And this:

But this isn’t even the most astonishing part of Ms Klobuchar’s sewer dive on national television.

She goes on to say that as horrific as all these documents reveal Judge Kavanaugh to be, she is not allowed to share the documents with the American people. She is not even allowed to tell us what they say.

“I can’t even tell you about them right now on the show[.]”

In her opening remarks during Tuesday’s Senate Judicial Committee confirmation hearing on Judge Brett Kavanaugh’s nomination, she repeated lie about the documents, too.  The woman is shameless.

Remember this in the fall when she’s up for reelection.  Remember it in general as all the Progressive-Democrat candidates running this fall show their approval of her dishonesty with their silence.