It Only Matters When It Can Be Weaponized

The political left loves to scream that President Trump has a bad attitude toward women or that Judge Kavanaugh was guilty of sexual assault and should therefore be disqualified as a judge, but how good are they at policing their own. If last night’s election results are any indication, not very good.

Fox News posted an article today reminding us that four of the Democrat candidates who won their elections last night are facing sexual misconduct controversies.

The article reports:

House Reps. Keith Ellison, Tony Cárdenas and Bobby Scott, and Sen. Bob Menendez, all came out victorious on Tuesday, despite being accused of misconduct.

Their election raises questions whether the Democratic Party, which went all-out to stop now-Supreme Court Justice Brett Kavanaugh in the face of assault claims and stressed the importance of believing women’s allegations, is selectively tapping into the #MeToo movement.

I guess #MeToo only matters if you are a Republican.

The article includes the names of the candidates and the charges:

Ellison, the deputy chair of the Democratic National Committee (DNC), was one of the highest-profile candidates who won the election. He became the state attorney general in Minnesota despite allegations of domestic violence.

Karen Monahan, the Democrat’s former girlfriend, alleged that he once dragged her off a bed while shouting profanities and sent multiple abusive text messages. She also published a 2017 medical document that identified Ellison as the abuser who caused “emotional and physical abuse.”

…Cárdenas, a California Democrat, meanwhile, easily cruised to victory in the state’s 29th Congressional District, receiving nearly 80 percent of the vote, while being the subject of a lawsuit claiming he drugged and sexually assaulted a 16-year-old teenager in 2007.

A Los Angeles Superior Court ruled that “a reasonable and meritorious basis” existed for the case to proceed and Cárdenas was publicly identified as the accused person. He denied the accusations.

…Old allegations of misconduct also came back to haunt Menendez, the incumbent New Jersey senator, who won the closer-than-expected race as well.

Republican candidate Bob Hugin revived salacious allegations that Menendez had sex with underage prostitutes during past trips to the Dominican Republic.

…Virginia Democrat Bobby Scott won Virginia’s 3rd Congressional District thanks to nobody challenging him, even after he was accused of sexual misconduct in 2017.

A former Congressional Black Caucus Foundation fellow. M. Reese Everson, claimed that the congressman sexually harassed her in 2013, and that she was fired and blacklisted from further work on Capitol Hill after she refused his advances.

One standard for me, and one standard for thee.

In Keeping With His Efforts To Further The Careers Of Women In The Law Profession…

The Federalist Papers reported today:

Brett Kavanaugh, the newest Supreme Court justice, just made history, even though he’s been on the job barely 24 hours:

A day after the bitter fight over his nomination ended in his elevation to the Supreme Court, Justice Brett M. Kavanaugh was in his new chambers on Sunday, preparing for the arguments the court is to hear as it enters the second week of its term. …

Justice Kavanaugh met with his four law clerks, all women — a first for the Supreme Court — in chambers that had until recently been occupied by Justice Samuel A. Alito Jr., who has moved to Justice Anthony M. Kennedy’s old chambers. …

Justice Kavanaugh said in his testimony last month that he had started to take action to address the underrepresentation of women among law clerks after reading a 2006 article in The New York Times noting that only seven of 37 Supreme Court clerks were women.

“A majority of my 48 law clerks over the last 12 years have been women,” he told the Senate Judiciary Committee. “In my time on the bench, no federal judge — not a single one in the country — has sent more women law clerks to clerk on the Supreme Court than I have.”

Indeed, as Liptak notes, he can expect to see some familiar faces:

This term, six of his former clerks are working at the Supreme Court, double the number of any other appeals court judge. Four of them are women.

The article also notes that Brett Kavanaugh has also appointed more African-Americans than Ruth Bader Ginsburg has in her entire career.

The article also mentions Judge Kavanaugh’s role in helping women become law clerks at the Supreme Court:

On the D.C. Circuit, Kavanaugh hired 25 women and 23 men as law clerks. His four clerks from 2014 to 2015 were women, and 21 of the 25 he hired went on to U.S. Supreme Court clerkships. His 48 clerks represented diverse background and viewpoints.

With Kavanaugh’s elevation, law school graduates lose an opportunity for an appellate clerkship with one of the top “feeder judges” to the justices who are now his colleagues.

Kavanaugh sent 39 of his 48 clerks to the Supreme Court, including clerks serving justices in the current term. Although most of those clerks have gone to the conservative justices—with Chief Justice John Roberts Jr. hiring 13, the largest number—Kavanaugh sent two each to justices Sonia Sotomayor and Elena Kagan, and one to Stephen Breyer. No former Kavanaugh clerk has gone on to clerk for Justice Ruth Bader Ginsburg.

The man the Democrats and the media attempted to paint as a monster who abused women turns out to be one of the major mentors of women working in the law profession in Washington. So much for the honesty and reliability of information provided by the Democrats and the media.

This Is What Sore Losers Look Like

Yesterday The Gateway Pundit posted an article about some recent comments by former Attorney General Eric Holder.

The article reports:

Former Obama Attorney General Eric Holder, who is considering running for president in 2020, called into doubt the legitimacy of the Supreme Court following the confirmation of Brett Kavanaugh to the Court by a 50-48 vote in the Senate on Saturday. Holder on Friday used incendiary rhetoric to call on liberals to use their “rage” to vote to “be rid of these people”–singling out Republicans in the Senate who support Kavanaugh and have used their majority power to control nominations to the courts.

I hate to say this, but this brings to mind how unpolitical the actions of the Senate were when Barack Obama nominated judges to the Supreme Court. The Democrats held the majority in the Senate when Sonia Sotomayor was confirmed as a Supreme Court Justice. Fifty-nine Democrats voted for confirmation (Ted Kennedy was not present) and nine Republicans voted for confirmation. When Elena Kagan was nominated for the Supreme Court, the Democrats also held the majority. The vote was 63-37 with five Republicans voting for confirmation. The Republicans acted like gentlemen, and the judges were confirmed. Both judges were known as liberal judges, but no one questions the legitimacy of the Supreme Court after they were confirmed.

The duly-elected President is the person the Constitution gives the power to select Supreme Court Justices. The Senate’s role is Advise and Consent. I believe that in the hearings for Judge Kavanaugh the Senate abused that role. There is nothing illegitimate about the Supreme Court now that it includes Justice Kavanaugh.

The article continues:

On Friday Holder expressed similar concerns in comments but also exhorted his supporters use their “rage” about how the Republicans who control the Senate used their power to confirm Kavanaugh and fill other judicial seats to “be rid of these people.” While Holder wrote he was urging people to vote to “be rid of these people”, his choice of language encouraging liberals to ‘use their rage’ to ‘be rid of these people’ is deliberate.

“Reputation and credibility of Supreme Court at stake with upcoming vote. How the Court is viewed. For years. Bigger than one individual. There are conservative acceptable alternatives…As you lament the Merrick Garland outrage never forget that McConnell and R’s did not fill lower court seats for YEARS. Those are the seats being filled now. Use the rage of today to get people out to vote and be rid of these people. Your voice matters. Your vote counts. VOTE!”

I really don’t think Eric Holder’s statements add anything to the civility of our political discourse.

A Short History Lesson

Remember Herman Cain? He ran for President, but dropped out of the race after sexual allegations. So what happened next?

A site called Yahoo Answers explains:

What ever happened to the women that accused Herman Cain of sexual harassment?

I know that Sharon Bialek has a history of lawsuits against her and I believe that she wanted to use Herman Cain to her own advantage by supposedly coming out about this so called sexual harassment. Then Karen Kraushaar the last time I have heard filed a complaint at her new job. According to the huffington post “two former supervisors say she initially demanded a settlement of thousands of dollars, a promotion on the federal pay scale, reinstated leave time and a one year fellowship to Harvard’s Kennedy School of government.” Why do women like them think they can do these things abuse the sexual harassment policy against male supervisors?

This is the “Biden Rule” as stated in Politifact:

“Mr. President, where the nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is a partisan bickering and political posturing from both parties and from both ends of Pennsylvania Avenue. As a result, it is my view that if a Supreme Court Justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not — and not — name a nominee until after the November election is completed.”

Biden said if Bush were to nominate someone anyway, “the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over.”

Let’s fast-forward to the sudden death of Antonin Scalia in February 2016.

Politifact reported:

Senate Majority Leader Mitch McConnell invoked the so-called “Biden Rule” to justify why the Senate should not consider the nomination of Merrick Garland to the U.S. Supreme Court in an election year.

Chuck Shumer was fine when the Biden Rule was used in the George Bush administration. He was not fine when it was used in the Obama administration.

That tweet illustrates part of the reason for the brutal attack on Judge Kavanuagh. It wasn’t supposed to be this way. Hillary was supposed to win the election, and Loretta Lynch was going to be named to the Supreme Court.

Today ABC 7 News is reporting:

With the Senate voting to confirm Brett Kavanaugh as an associate justice of the Supreme Court, Christine Blasey Ford has no further plans to pursue her sexual misconduct allegations against Kavanaugh, according to her lawyers.

Ford only wanted to speak with members of the Senate Judiciary Committee, her attorneys told CNN on Friday. Ford does not want the situation to “drag on into the next Congress should Democrats end up winning control on Capitol Hill,” the network reported.

When asked about the possibility of impeachment proceedings, attorney Debra Katz told the network: “Professor Ford has not asked for anything of the sort. What she did was to come forward and testify before the Senate Judiciary Committee and agree to cooperate with any investigation by the FBI, and that’s what she sought to do here.”

Judge Kavanaugh has been confirmed. Professor Ford’s charges did not cause him to withdraw from the race. Unfortunately, her charges, though unproven, will have a negative impact on Judge Kavanaugh’s spotless record and on his family. Now, with a serious amount of money from her GoFundMe Account, Professor Ford will go on her way, leaving a trail of destruction behind her.

It’s funny how unsubstantiated charges of sexual misconduct seem to magically disappear when they are no longer useful.

Congratulations to Judge Kavanaugh for standing firm and beating back the mob.

Rewriting The Constitution As You Go Along

The mass hysteria over the idea that Judge Kavanaugh might be confirmed has gotten a little out of hand. On Thursday, Newsbusters posted an article about some comments by ABC’s Terry Moran.

The article reports:

While CBS was conceding that Brett Kavanaugh will probably make it onto the Supreme Court, ABC’s Terry Moran on Thursday fumed about how “millions of women” will feel “annihilated” if the Judge is confirmed. He also warned Kavanaugh not to rule against abortion or the high Court will lose “legitimacy.” 

Moran lamented, “I can’t imagine the feeling of the millions and millions of women, and others who found Dr. Ford very, very credible.” Conceding a Kavanaugh victory, the ABC journalist stooped to extreme hyperbole on female reaction: “If, as seems likely, Republicans are able to get… Judge Kavanaugh onto the Supreme Court, they’re just going to feel annihilated inside.” 

But Moran wasn’t done. He lectured a potential future Supreme Court justice Kavanaugh: “Well, he had better take into that lifetime appointment a sense of the woundedness [sic] of so many people in the country.”

I mean, overturning Roe vs. Wade by an all-male majority, two of whom have had credible accusations of sexual misconduct lodged against them would not be a legitimate action. And that is the question of the court. Legitimacy. It has always had a high place in American, in the American popular opinion, and it could lose it if it loses legitimacy. 

Wow. Let’s just ignore the rule of law and do what I want.

There is nothing in Brett Kavanaugh’s professional history that confirms any of the allegations against him. It is possible that he drank too many beers in high school and college, but that should not disqualify him from the Supreme Court. He has obviously been an upstanding citizen during his adult life.

This is a quote from an article at Red State on September 26th:

In the early part of 1863, Major General Ulysses Grant was beset with difficulties and setbacks on his approach to the Vicksburg, MS. A group of his political foes visited President Abraham Lincoln and demanded Grant be superseded by one of the politician-generals that staggered about the military landscape of the Civil War. They topped the story by claiming Grant was a drunk (he actually was). Lincoln asked them what brand he drank because he wanted to send a barrel of it to his other generals.

If Brett Kavanaugh has accomplished more as a sloppy drunk than his critics have sober it tells us a lot more about the staff of the Washington Post and BuzzFeed “News” than it does about Brett Kavanaugh. Maybe they should take up drinking. Then maybe they could get their sh** together and act like adults.

I sincerely hope Brett Kavanaugh is confirmed as a Supreme Court Judge.

Some Thoughts On Brett Kavanaugh

Investor’s Business Daily posted an editorial today about some of the reactions to the nomination of Brett Kavanaugh as a Supreme Court Justice. Some of the attacks on this man by the political left are so ridiculous they are funny.

The editorial cites one example of the attacks:

The Washington Post red-flagged the fact that Kavanaugh racked up nearly $200,000 in credit card debt to buy season tickets to the Washington Nationals baseball team and also for “home improvements.”

A big chunk of change, to be sure. But…what? It’s a bit hard to argue Kavanaugh wasn’t gainfully employed. The Post further makes a big deal that Kavanaugh’s most recent financial form shows less than $70,000 in assets. Sound poor? Does that disqualify him from service on the Supreme Court? Do we now have an asset test for all Court nominees?

What’s absurd about the “assets” is they don’t include his six-figure income and generous pension from being a federal judge. Nor does it include the value of his home. We don’t know what those are, but we’re pretty sure the net value of both is well north of $1 million.

It gets worse:

The Post also “reported,” if that’s the word, that Kavanaugh proclaimed himself Treasurer of the “Keg City Club — 100 Kegs or Bust” in his high school yearbook, and referred to the “Beach Week Ralph Club” and “Rehoboth Police Fan Club.”

So, teenage hijinks are now a solid disqualification for service on the federal bench?

Of course, this is all recycled pap from Kavanaugh’s approval process to be a federal judge. It’s mostly all known. Why repeat it? Anything to sully a man’s reputation. After all, recall how both Robert Bork and Clarence Thomas were smeared by the left during their confirmation battles. Together, they were two of the most disgusting and unfair spectacles in American political history.

I that is all the dirt they can find on this man, he totally deserves to be confirmed in the next two months!

Surprising Sanity From The New York Times

The insanity of the political left has reached new heights in recent days, so it was a bit of a surprise when The New York Times posted a very rational article last night praising President Trump for the nomination of Judge Brett Kavanaugh to be the next Supreme Court justice. Contrast this attitude with comments made by ABC’s Nightline before the nominee was named (from Newsbusters):

I suppose we should all be grateful that they at least corrected their initial statement.

At any rate, The New York Times article has a very rational suggestion about the hearings on Judge Kavanaugh’s appointment:

Fair questions would include inquiries not just about Judge Kavanaugh’s past writings and activities but also about how he believes various past notable judicial cases (such as Roe v. Wade) should have been decided — and even about what his current legal views are on any issue, general or specific.

Everyone would have to understand that in honestly answering, Judge Kavanaugh would not be making a pledge — a pledge would be a violation of judicial independence. In the future, he would of course be free to change his mind if confronted with new arguments or new facts, or even if he merely comes to see a matter differently with the weight of judgment on his shoulders. But honest discussions of one’s current legal views are entirely proper, and without them confirmation hearings are largely pointless.

The compromise I’m proposing would depart from recent confirmation practice. But the current confirmation process is badly broken, alternating between rubber stamps and witch hunts. My proposal would enable each constitutional actor to once again play its proper constitutional role: The Senate could become a venue for serious constitutional conversation, and the nominee could demonstrate his or her consummate legal skill. And equally important: Judge Kavanaugh could be confirmed with the ninetysomething Senate votes he deserves, rather than the fiftysomething votes he is likely to get.

A praiseworthy statement from The New York Times.

Sound and Fury

The following quote is from Shakespeare’s Macbeth Act 5, Scene 5:

Life’s but a walking shadow, a poor player

That struts and frets his hour upon the stage

And then is heard no more, It is a tale

Told by an idiot, full of sound and fury,

Signifying nothing.

Actually it sounds like Democratic Party leaders complaining about the retirement of Justice Kennedy.

The Gateway Pundit reported yesterday:

Senate Minority Leader Chuck Schumer immediately pushed back on Trump’s plan to get his nominee to replace Justice Kennedy confirmed before the midterm elections.

Schumer demanded Senate Majority Leader Mitch McConnell (R-KY) abide by the ‘Biden Rule’ when deciding to confirm a Supreme Court Justice.

The ‘Biden Rule’ essentially calls for confirmations to be halted during an election year.

McConnell cited the ‘Biden Rule’ when deciding not to consider Obama’s nominee, Merrick Garland, before the 2016 election. Thankfully, McConnell opened the door for Justice Neil Gorsuch to be nominated by President Trump.

The Republicans should not acquiesce to the Democrats’ demands. Confirm President Trump’s next Justice nominee as soon as possible.

Schumer laughably said if the Senate confirms a Justice during the election year, it would be the “height of hypocrisy.”

Presidential election years are different from midterm election years. Obama’s second SCOTUS nominee, Elena Kagan was confirmed in August of 2010, an election year.

This is nothing more than political posturing in an attempt to motivate Democrat voters in the midterm elections. We can expect all sorts of scare tactics about the Supreme Court taking away our freedoms to follow the initial hysteria.

Whoever the new justice is, he has the possibility of moving us back toward a republic governed by a Constitution rather than by how certain justices feel on any given day.

 

 

 

The Election In November Just Got Even More Crucial

My San Antonio posted an article today reporting that Associate Justice Antonin Scalia, age 79, was found dead of apparent natural causes Saturday on a luxury resort in West Texas.

The article reported the statement by Texas Gov. Greg Abbott:

Texas Gov. Greg Abbott released a statement Saturday afternoon, calling Scalia a man of God, a patriot and an “unwavering defender of the written Constitution.”

“He was the solid rock who turned away so many attempts to depart from and distort the Constitution,” Abbott said. “We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law. Cecilia and I extend our deepest condolences to his family, and we will keep them in our thoughts and prayers.”

The Associated Press quoted Supreme Court Chief Justice John Roberts:

“He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family.”

The Associated Press also quoted former President George W. Bush:

“Laura and I mourn the death of a brilliant jurist and important American, Supreme Court Justice Antonin Scalia. He was a towering figure and important judge on our Nation’s highest court. He brought intellect, good judgment, and wit to the bench, and he will be missed by his colleagues and our country.”

The National Review reported:

It’s been more than 80 years since a Supreme Court justice was confirmed in an election year to a vacancy that arose that year, and there has never been an election-year confirmation that would so dramatically alter the ideological composition of the Court.
[Update: I’ve encountered some mistaken quibbling on Twitter with the first half of the sentence above. Yes, Anthony Kennedy was confirmed in February 1988, but to a vacancy that arose in June 1987. He was nominated in November 1987 — after the Democrats’ defeat of the Bork nomination. The last justice to be confirmed in an election year to a vacancy that arose that year was Benjamin Cardozo — confirmed in March 1932 to a vacancy that arose in January 1932.]

Justice Scalia was an important figure on the Court. He believed in the U.S. Constitution and took his oath to uphold it seriously. He will be missed. It is also easy to predict a contentious battle over whether or not President Obama should be able to appoint a new Justice before leaving office. Letting the next President fill the vacancy would be the gentlemanly, appropriate thing to do, but I am not expecting miracles.