Tag Archives: SCOTUS

legal news

How would ‘Justice’ Kavanaugh handle this?

Brett Kavanaugh’s future as a possible U.S. Supreme Court justice is in doubt. However, his nomination to the court is far from a dead duck.

The FBI is conducting an investigation into at least two of the accusations that Kavanaugh assaulted women sexually many years ago. The U.S. Senate will then get to vote on whether to confirm him.

Suppose, then, he becomes Justice Brett Kavanaugh. What happens when the court gets a case involving the constitutionality, say, of a court ruling involving a case involving sexual assault?

Might that happen? Well, it damn sure could. Given all the attendant publicity that has erupted around Kavanaugh’s Senate confirmation process, I doubt seriously anyone down the road is going to forget what we’ve heard about what allegedly occurred when Kavanaugh was a high school student. That he allegedly pinned a young woman to a bed, sought to disrobe her, sought to have his way with her sexually.

How does a Supreme Court justice with that kind of accusation hanging over his head rule on a future case involving a similar circumstance?

national news

Jeff Flake: profile in courage

Jeff Flake’s demonstration of political courage almost made me rethink my long-standing opposition to term limits for members of Congress.

I’ll reiterate: almost.

Flake is a Republican member of the U.S. Senate Judiciary Committee that on Friday recommended the confirmation of Brett Kavanaugh to a seat on the Supreme Court. Flake is not running for re-election this year. Thus, his lame-duck status has enabled him to grow a pair of, um, stones that he otherwise likely wouldn’t have grown.

You see, Flake — after announcing his decision to support Kavanaugh’s nomination — came back to the committee hearing room and asked that the Senate delay a full confirmation vote for a week to allow the FBI to do an additional investigation into some serious allegations leveled against Kavanaugh.

Christine Blasey Ford has accused Kavanaugh of sexually assaulting her. They were teenagers when the even allegedly occurred. She presented a compelling case against Kavanaugh. Ford persuaded me that her allegation is credible enough to disqualify Kavanaugh from obtaining this lifetime judicial appointment.

Flake was cornered in a Capitol Building elevator by two women — sexual assault survivors, apparently — who demanded that he “listen” to the concerns of other victims.

Flake responded by making his request of the Senate. The Senate agreed. The president then called on the FBI to conduct a limited probe into the allegations. It should take about a week or so to complete.

I applaud Sen. Flake for his political courage, although the courage is watered down a bit by the fact that he isn’t facing Arizona voters this fall. He is free, therefore, to speak from his heart. He did so.

If only other members of the Senate and the House of Representatives could demonstrate such guts when they have to face the voters as they seek re-election.

Having said all that, I remain committed to the notion that voters in each state and House district have it within their power to boot out scoundrels at election time.

Flake, though, must have emerged as a GOP hero in this ongoing — and terribly frustrating — political battle of wills.

national news

‘Look at me when I talk to you!’

U.S. Sen. Jeff Flake got a first-hand lesson today on the value of “constituent service.”

He walked into an elevator and was accosted by two women who just couldn’t understand why the Arizona Republican would support the nomination of Brett Kavanaugh to the U.S. Supreme Court.

They pleaded with Flake to stand up for the victims of sexual assault, which Kavanaugh has been accused of committing by Christine Blasey Ford.

Flake then came back to the Senate Judiciary Committee hearing room and, prior to voting “yes” on recommending Kavanaugh’s confirmation by the entire Senate, asked for a one-week delay on the full Senate vote, pending the outcome of an FBI investigation into the allegations leveled against Kavanaugh.

Now, I don’t know if the women who scolded Flake were actual Arizona constituents; they likely weren’t.

But … the point is that these women had something important to say to the lame-duck Republican senator and one of them implored Flake to “Look at me when I talk to you!”

Flake did look at her and he seemingly listened to what she had to say.

The Senate has agreed to hold off for a week before voting on whether to confirm Kavanaugh’s nomination. Donald Trump has issued an order to the FBI to conduct a limited investigation into the specific allegations leveled against the man he wants to seat on the nation’s highest court.

This is representative democracy at work!

national news

Judge shows his partisan streak

I now believe that if Judge Brett Kavanaugh should be disqualified from serving on the U.S. Supreme Court, he demonstrated that reason with his impassioned denial of the accusation of a sexual assault.

He came off as a partisan. Kavanaugh managed to blame the assault on his character on those who were angry that Hillary Clinton lost the 2016 presidential election and “left-wing” political activists who oppose him for his judicial philosophy.

I am scratching my head and am trying to remember when I’ve ever heard a Supreme Court nominee resort to that kind of attack.

Robert Bork didn’t assert partisan angst in 1987; Clarence Thomas didn’t blame Democrats for the troubles he encountered in 1991. The Senate rejected Bork’s nomination and barely approved Thomas’s selection to the high court.

Brett Kavanaugh, though, has just revealed his deep bias against Democrats and political progressive who, in his mind, are out to destroy his nomination to the nation’s highest court.

I already have stated my belief in the accusation brought by Christine Blasey Ford who contends that Kavanaugh assaulted her sexually when they were teenagers. But when Kavanaugh sat down in front of the Senate Judiciary Committee, his anger was palpable, as was his deep bias against those with political views that differ from his own.

Yes, I intended to keep an open mind with regard to Brett Kavanaugh. For the longest time I was able to meet that standard.

My formerly open mind has closed. I have heard enough, from Christine Ford and from Judge Kavanaugh. Moreover, I have seen enough from Kavanaugh to believe that he cannot interpret the U.S. Constitution dispassionately without regard to political motivations of those who might present cases before the Supreme Court.

Weird.

national news

Now the SCOTUS fight is on hold, waiting for the FBI

The U.S. Senate has done the correct thing in delaying the confirmation vote on the man who wants to join the U.S. Supreme Court. It will wait a week to allow the FBI to do — presumably — a thorough check on some serious allegations leveled against Judge Brett Kavanaugh.

It all came to a head this morning when Senate Judiciary Committee member Jeff Flake asked for the delay, sought the FBI investigation and seemed to attach his upcoming Senate vote on whether the Republican leadership would agree to his request.

It did. So now Kavanaugh gets to wait another week.

Christine Blasey Ford has accused Kavanaugh of sexually assaulting her when the two of them were in high school. Kavanaugh denies her allegation.

I am one American who believes Ford, but I’m sitting out here in the Flyover Country peanut gallery.

The FBI probe well might produce some more evidence to either prove or disprove what Ford has alleged. The FBI ought to talk to a Kavanaugh friend who reportedly witnessed what Ford has alleged occurred.

I have to hand it to Sen. Flake, a lame-duck Republican, who’s going out with a serious bang. He isn’t running for re-election, but he isn’t going out quietly.

I have sought to keep an open mind on this nomination. I have concluded that I believe Ford. Thus, I don’t believe Kavanaugh should get a lifetime job handing out opinions at the highest level of our nation’s judicial system.

However, I want to maintain my open mind as far as the FBI probe goes. I just want it done thoroughly and that the FBI reaches some conclusion about the veracity of what has been alleged.

Let the probe begin.

national news

Senate causes heads to spin

My noggin is spinning.

The U.S. Senate Judiciary Committee has voted 11-10 — along partisan lines — to recommend confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court.

But, man, there’s a major catch in that vote.

One of the committee Republicans, Jeff Flake, wants the FBI to conduct an investigation into the allegation that Kavanaugh sexually assaulted Christine Ford when they were in high school; he wants the Senate to delay its full floor vote for a week to enable the FBI to learn more about what allegedly happened.

It’s now up to Donald Trump, the president of the United States, to issue the order to the FBI.

Without an investigation, Flake might become a “no” vote if a full Senate vote occurs with an FBI probe. So might two other key GOP senators, Lisa Murkowski and Susan Collins.

I’m doing the math. That leaves the Senate GOP with 48 votes to confirm Kavanaugh.

They need50.

Are we clear now? Clear as mud?

I’m thinking now of Winston Churchill’s classic analysis of democracy, how it’s the “worst system” of government ever devised … but it’s the best system we can have.

It’s messy, folks.

national news

SCOTUS picks, then and now

Let’s review briefly the course that two U.S. Supreme Court nominations took.

In early 2016, Justice Antonin Scalia died. President Barack Obama not long afterward nominated Judge Merrick Garland to succeed the conservative judicial icon. Senate Majority Leader Mitch McConnell didn’t wait for the nomination to come forward. He declared within hours of Scalia’s death that Obama would not replace Justice Scalia under any circumstance.

The SCOTUS seat remained vacant for the rest of that year. Donald Trump got elected president and then nominated Neil Gorsuch. The Senate heard from the nominee, then confirmed him.

It was the delay that enraged so many Americans.

The Republican Senate majority had no problem dragging its feet to await the outcome of the 2016 election.

What a change has occurred.

Justice Anthony Kennedy retired from the Supreme Court. The president then nominated Brett Kavanaugh to succeed him. Judge Kavanaugh went through the confirmation hearing before the Judiciary Committee. Then a woman came forward to allege that the nominee assaulted her sexually when they were in high school. Then we hear from two more women who said essentially the same thing.

The GOP majority was having none of it. The committee heard from one of the women and from Kavanaugh.

Now the Judiciary panel is going to vote today whether to confirm Kavanaugh’s nomination. The majority says it cannot wait. It has to rush this nomination forward. The questions about what happened in the early 1980s? Hey, minds are made up.

Let’s rush forward.

So … one president’s nomination gets stonewalled for a year. Another one’s selection hops on the fast track.

To think that Majority Leader McConnell has the gall to accuse the other side of “playing politics.”

national news

After the hearing, they’re going to vote anyway … wow!

A congressional hearing that was billed as a seminal moment in U.S. political history has produced, um, apparently nothing.

The Senate Judiciary Committee — which heard from two people at the center of a firestorm — is going to vote Friday on whether to confirm one of those principals to a seat on the U.S. Supreme Court.

To which I only can say: Holy cow, man!

Judge Brett Kavanaugh denied passionately the accusation leveled by Christine Blasey Ford. They both talked to the Senate committee. Ford said Kavanaugh attacked her when they were both in high school; Kavanaugh denied it.

Who’s more credible? I believe Professor Ford.

Thus, I would hope the Senate panel would delay this confirmation vote until it could gather more information.

The so-called “elephant in the hearing room” was a man who reportedly witnessed the alleged attack. That would be Mark Judge, a friend of Kavanaugh. Judge has been nowhere to be seen or heard.

I believe Judge should testify as well.

It won’t happen, apparently. The Judiciary Committee is stampeding forward — or so it appears — with a vote on whether to recommend Kavanaugh’s nomination.

This process has been called a “disgrace” and a “sham” by those who support Judge Kavanaugh. I agree with them. It has been both of those things.

The disgraceful sham, though, well might play out when the Senate Judiciary Committee rushes to judgment with its vote.

legal news, national news

Is this confirmation turning into a stampede?

Well, here we are, ladies and gentlemen.

Brett Kavanaugh and a woman who has accused him of sexually assaulting her are going to testify before the U.S. Senate Judiciary Committee. Kavanaugh has been nominated by Donald Trump to join to the U.S. Supreme Court.

The testimony will occur on Thursday. What happens the next day? Oh, the committee is scheduled to vote on whether to confirm Kavanaugh to the court.

Hey, it gets better. The full Senate, all 100 of ’em, then might get to vote on Kavanaugh’s nomination as early as next Monday!

Let us not forget that two more women have leveled similar accusations against the proposed justice to the nation’s highest court. The Senate is moving at breakneck speed on a matter that to my way of thinking needs a good bit more time.

Does this look as much to you like a stampede as it does to me?

Christine Blasey Ford, who will testify Thursday, has done a remarkable thing. She has dropped the name of Kavanaugh’s supposed good friend — Mark Judge — as a witness to what she alleged occurred in the 1908s at a high school party. Why in the world would she expose this friend to intense public scrutiny if she is making all this up?

I continue to believe there needs to be a thorough investigation by the FBI to determine the veracity of what Ford has alleged. The FBI also ought to look carefully at the accusations leveled by the two other women.

Will the world stop spinning if Kavanaugh’s confirmation is delayed while the FBI gumshoes do their job? Of course not!

I am trying like the dickens to avoid passing judgment on Judge Kavanaugh. I merely want these accusations to be examined fully and carefully.

I do not want to witness a Senate stampede.

national news

Sen. and Mrs. Cruz get mistreated … enough already!

U.S. Sen. Ted Cruz and his wife, Heidi, have been treated badly by those who are angry over his support of U.S. Supreme Court nominee Brett Kavanaugh.

There’s a certain irony in the way the Cruzes were forced to leave a trendy Washington, D.C., restaurant. A crowd of protesters accosted them verbally at the restaurant, criticizing the senator for his support of Donald Trump’s selection to the highest court in America.

Kavanaugh, in case you’ve been in outer space for the past few weeks, has been accused of sexual assault on a woman when he was a teenager.

To be totally candid, as much as I dislike Sen. Cruz and want him to lose his re-election bid in November, I also dislike the manner in which these protests have been targeted against some political leaders and their family members. White House spokeswoman Sarah Huckabee Sanders and her family got the same kind of treatment; so did former Environmental Protection Agency administrator Scott Pruitt. Let me be clear: I disapprove of those who would badger and hassle public officials who seek some private time.

And so, now it’s Ted and Heidi Cruz’s turn. Oh, the irony?

The man against whom Cruz is running, Democratic challenger Beto O’Rourke, has gained a lot of political momentum by calling for a return to the better angels of our political society. O’Rourke has been lambasting the politics of division, of rancor, of hatred.

By my way of looking at it, this is the kind of behavior that O’Rourke should condemn in the strongest terms possible.