Well, it’s a certainty that Brett Kavanaugh will be confirmed today as a Supreme Court Justice, and the only thing more depressing is the thought that Donald Trump might be reelected in 2020. But let’s not dwell on that.
Today is supposedly my day off, so posting will be light; I call your attention instead to two articles. The first one is the New York Times’s editorial on Kavanaugh that, of course, mourns his impending nomination. Despite my claim that the paper is becoming increasingly Authoritarian Leftist, it still publishes some good stuff, and this editorial is one of them. Click on the screenshot below to read it:
I’ve given my opinion before, which is that Kavanaugh, even without the accusations of sexual assault, was a man unqualified to be on the court because of his extreme opinions (of course, that’s true of people like Scalia and Thomas as well).
After his appearance before the Judiciary Committee, my opinion was strengthened in four ways. First, although it’s a real judgment call, I think he was guilty of sexual malfeasance. Second, even if he wasn’t, he showed himself to be a liberal-hating hothead who, in my view, doesn’t have the temperament to be a Justice (also true of Clarence Thomas). Third, Kavanaugh’s disdain for the Left, which has surely been exacerbated after his grilling by the Committee, makes it a certainty that he’ll vote against every progressive case that comes before the Court. He is not a man of measured and thoughtful opinion. Finally, even if the sexual assault charges can’t be decided with certainty or even near certainty, other facts suggest that Kavanaugh perjured himself repeatedly. That’s a crime, and I wish they could impeach him for it. That, however, is unlikely to happen.
Kavanaugh’s appointment is just one more disaster that afflicts us in this Presidency. It is not a good time for the Left, and, vis-à-vis the judicary, won’t be until after I’m dead.
Here’s an excerpt from the Times:
The Court has had a majority of Republican-appointed justices for nearly half a century, of course, and its credibility has endured, despite controversial decisions like Bush v. Gore, which handed the White House to a Republican president. But the elevation of Judge Kavanaugh represents something new.
The nation is now facing the possibility of three or four decades with a justice credibly accused of sexual assault, one who may well be the deciding vote to overturn Roe v. Wade, or at least make it so hard for a woman to exercise her constitutional right to make her own medical decisions that the ruling is effectively nullified. Thirty to 40 years with a justice whose honesty was tested and found wanting. A justice so injudicious in his manner that thousands of law professors, and a retired Supreme Court justice, opposed his confirmation. A judge is supposed to set personal feelings aside and approach even the most sensitive and emotional matters with a cool disposition and an open mind; Judge Kavanaugh revealed to the country that he was incapable of that.
In saner times, such behavior from a nominee would have sent reasonable Republicans running for the exits. But in the end, only Lisa Murkowski of Alaska had the courage of her convictions. She can go home knowing that she did the right thing.
What can we do? Well, we can whine and seek “self-care,” as HuffPo suggests today. But the first duty we have as liberals is to fricking VOTE in November.
I’m pretty sure that most readers here won’t need that advice, but maybe you can man the phones or help people get to the polls. I’ll be out of the country on election day, but I’ve made sure I got a ballot by mail, and I’ve already sent it in. Perhaps there’s just a small chance that Democrats will win the House of Representatives. That can stop the worst excesses of Trump, but he retains the power to veto any legislation a Democratic Congress passes (even if it’s also passed by a Republican Senate, which is unlikely). At worst a Republican Congress, President, and Judiciary, at best a stalemate.
VOTE!
Hear, hear! And pay attention to your local candidates. I recently did some work for an agency (which does very good work!) that has a board of both elected and appointed members. Turns out, the elected ones want to shut the agency down. They ran unopposed – quietly.
yazikus, Meaning what?
That we ought to pay attention to local elections, vote, and be aware of the candidates.
The country is in bad times, no doubt about that. However, we have been there before so survival is likely. Try to remember the 1860s or more recently the 1930s. Other countries have their history to compare as well but do not think this current time is the worst, it just looks that way from right here.
What the country lacks so far is leadership. The congress seems to be full of followers and those with little character or none. A Lincoln or Roosevelt does not come along everyday. Our form of government is getting old and some of it is out of date. It must be fixed before there will be much improvement.
The historical argument is cold comfort these days I’m afraid. The political divide hasn’t been this bad in decades, and appears to only be getting worse. All the trend lines appear to be heading in the wrong direction. The one thing I’m happy to see is a wholesale distrust of the modern media and a rise of independent commentary and information sources online (some are bunk, sure but it’s an improvement to sanctioned lies).
The historical argument is cold comfort these days I’m afraid. The political divide hasn’t been this bad in decades, and appears to only be getting worse. All the trend lines appear to be heading in the wrong direction. The one thing I’m happy to see is a wholesale distrust of the modern media and a rise of independent commentary and information sources online (some are bunk, sure but it’s an improvement to sanctioned lies).
Unfortunately, you are correct; about the only thing that can save us now is high Democratic turnout. We are so screwed.
Of course, voting is absolutely critical. I would guess that most of the people who frequent this site do vote on a regular basis. What is necessary is to get out the people who do not vote regularly or not at all. They represent about fifty percent of the voting population. Just getting a small percentage of them out to vote could decide many close elections.
The biggest tragedy of the Kavanaugh confirmation is that for many people they will no longer look upon the Supreme Court or Congress as legitimate institutions, that is, that they are looking out for the best interests of the country as a whole. Faith in government has been deteriorating for a long time. It has probably hit a new low. With a decline in this faith, more social unrest is likely. Political polarization will remain frozen or get worse. All this adds up to the conclusion that democracy is in danger.
It seems like the tyranny of the few. Oligarchy.
Historian, Neither the Democrats nor the Republicans want that iconic bilnd-folded lady in the Supreme Court; they want someone who sees as they do!
The belief that the iconic blind-folded lady ever existed in some previous era is pure fantasy. Supreme Court justices, like all people, see issues through their ideological lenses. Thus, for example, in the 1950s and 1960s the far right was so intent on impeaching Earl Warren. Or in the late 19th century, the Court issued a series of very pro-business decisions as well as endorsing “separate but equal.”
Historian: Is the principle of Justice pure fantasy? Can men judge according to principle and not politics or personal bias?
A Simple Proposal for a Difficult Problem
by
John J. Fitzgerald
In view of the fact that we have a dangerously, incompetent person, Donald J. Trump, sitting in the White House pretending to be President, it seems to me that we should do something about it before we have a major political disaster that endangers the health and welfare of millions of Americans.
What should we do about it?
Consider impeachment? High crimes and misdemeanors have been committed by Trump, both before entering the White House and while currently residing there. Impeachment seems to be the solution to the problem that Donald Trump represents.
However, right now impeachment can not happen because the Republican Party controls both the House and the Senate. They are acting in a blindly partisan manner in order to protect Trump and the judiciary that he is proceeding to appoint to carry out his reactionary policies. Impeachment might be feasible and practical
after the November, 2018 elections.
What can we do to accelerate the termination of the tenure of an extremely dangerous person in high office? I think we have one basic tool and that is our ballot.
Our one ballot by itself is not very significant. But if it is joined to millions of other ballots, it can produce a significant change in our political landscape.
Here is my proposal. To remove Trump from office before 2020, we have to have a national boycott of the Republican Party. We have to recruit people to refuse to vote for any candidate claiming to be a Republican anywhere on the ballot. We need to elect a solid phalanx of Democrats all across Massachusetts and across the USA.
Some might think it unfair to blame all Republicans for Donald Trump. I disagree.
Republican office holders have had plenty of opportunities to speak out against Trump. In fact, only a few have actually done so. Why is the party of Abraham Lincoln, Dwight D. Eisenhower, and John McCain, so silent on the egregious behavior of Donald J. Trump? Is it because they share his views and values?
I think it would be a great triumph of democracy to wake up after Election Day in November of 2018 and discover that the Republican Party no longer exists in Massachusetts, or across the USA. This massive purge of our political institutions would do much to encourage and strengthen our democracy. An energized House and Senate could then proceed to impeach and remove Trump in 2019.
Some might argue that one party rule would be dangerous for the country. It would not be. The Democratic Party has a progressive and a conservative wing and these two factions would offer plenty of room for diversity and debate. Out of the ashes of the Republican Party, a newer and Trump free party would grow.
So rather than sink into and succumb to despair about our political situation, let’s join together and work to flush Donald Trump and his Republican Party from our political system.
Then, and only then can we truly make America great again!
Sincerely,
John J. Fitzgerald
Longmeadow
I think the two-party configuration is a major problem. There is one Scandinavian country (I can’t remember which one) that has 40 political parties. In the UK this mainly two-party system competing with each other, forgetting any common sense, is today also a problem, which becomes apparent with the insane Brexit disaster. In the past people have been awakened to the two-party political partisan bottleneck by the creation of a third party, the Monster Raving Loony Party, https://en.wikipedia.org/wiki/Official_Monster_Raving_Loony_Party. I think this is something the US needs as well. Satire and ridicule are a powerful political weapon.
You can’t get rid of the two-party system until you get rid of “first past the post” elections and strategic voting.
Agreed. And the party that comes to power never wants to do that because that’s what got them there in the first place.
So this is not democracy…
It’s only democracy when the people hold politicians accountable. In Canada our federal party in power promised election reform then decided it was a bad idea once they were elected. There are so many other pressing issues like climate, trade, dealing with Trump who is determined to mess with his allies, that no one bothers with this.
The fact of the two party system is not really the problem in this county unless you think the problem has been with us here since the second term of George Washington. That is when Madison introduced the apposing party. Parties, however many, are just what is going to happen, unless you somehow make it illegal. Lets work on getting money out of the politics.
This idea of “the first one who passes the post” has originated in the UK, and has migrated to Canada, India, and the US, and possibly a few other countries. It is not a fair concept because it results in policy swings whereby many other groups don’t get a say. It is also the main reason why the UK could not get along with the European Union. Theresa May’s idea that a second vote (now a majority of the UK is getting cold feet, after learning about the possible consequences and complications) would be against democracy is also based on this black and white mentality. Brexit is *not* the Brexit what people thought of initially, it is an incubus, and this incubus is the consequence of a not entirely democratic process.
alexander, What about the majority of one?
In a multiparty system you have much less block voting, but voting across party lines.
For example, in France capital punishment was voted out in parliament because of a majority in several parties, while if you have two parties only, such a vote is mainly “you support your party or not,” which leads to results of a +2 situation like we have now.
John, Become a minister.
I wonder if Justice Kennedy is happy with his replacement.
I think Kennedy went to Trump and let him know that he would retire if he appointed Kavanaugh. Few people know Kavanaugh better than Kennedy, since he clerked for him. Kavanaugh will be a justice who will serve with distinction and Kennedy knows this.
A distinctly unfit justice, at any rate.
Time will show that I am right and you are wrong. While serving as a federal circuit judge, his decisions were respected by both sides. He’ll make a great justice.
I’ll hope that I’m wrong, but I suspect not. And no, not all of his decisions were respected by both sides. He’s extreme, even by today’s skewed standards.
He’s less extreme than RBG, imho, and I think she is a fine justice.
He is also a liar -under oath. That does not bother you?
Proof of lies? I didn’t hear any.
mordacious1, Beware of beware!
If the article from Huff Post is the best they can come up with, the far left is in very bad shape. Spending a lot of time on your own mental health because of an election you did not like is pretty lame. Surely they can do better than that.
How about determining what is wrong with our government and then defining what needs to be done to fix what is wrong. Isn’t that how a doctor goes about working on a patient? First determine what is wrong and then how to fix it. When was the last time you heard a congressman or women do this? All I hear from nearly all is spreading their ideology and making fun of the opponent, something any idiot can do.
So lets get specific as to what is wrong and how to fix it. Otherwise we are just burning gas.
The diagnoses have been made – money in politics, electoral college, revolving door, the great compromise that yielded unfair senatorial representation, etc. – but nothing is ever done about them, why?
Because the analogy of illness and physician doesn’t hold since whoever is in power does not want to fix the system that got them there. It’s the first rule of power structures: never undermine your own power. To them, there is no problem to be fixed. And despite voting, our votes do nothing but change things at the margins, not the governing structures, but just who runs them. I’m afraid things will need to get substantially worse before a true change can happen.
And that is the kind of leadership we look for today, very inspiring. Just more excuses for doing nothing.
Giancarlo, Are you writting to from prison?
???
I agree completely with Giancarlo.
… to us from prison?
Randall, I’ll vote for you!
“Political polarization will remain frozen or get worse.”
I have two indoor cats, Fiddle and Bow, who are very affectionate with each other except when a neighbor’s white cat walks by the window, in which case Fiddle and Bow attack each other mercilessly. Our vet refers to this as “misdirected aggression”—they can’t get at the white cat so they go after each other. Once the white cat is out of sight, however, and Fiddle and Bow are separated, they go back to being best of friends. We can learn a lot from cats.
miransaga, “THE LUCKY CAT”,
I once knew a man who had clout
Un-challenged his boast
Un-equalled his shout
His insults his wife had to bare
His shame his children to share
But his cat ate its meals and went out
Some observations from me. I am not American so will pass no comment on how you should run your own country. But I am a habitual follower of current affairs and this whole Kavanaugh episode has engrossed me. Here are my thoughts:
1. The sexual assault allegations were plainly and entirely bogus. For the Times (the New York Times, I assume) to insist that they were “credible” says more about them than it does about Brett Kavanaugh. This was a political hit job. Worse, it was a political hit job that failed. If you’re going to kill the King, you must succeed or else all is lost.
2. If you think that the Democrats are fired up for the midterms, let me assure you that it is pipsqueak compared to the volcanic rage of the Republicans. I suspect this will be hit home on November 7th next.
3. Generation Z was already leaning right before this. Now it is galloping right. A whole generation of young American males has been told that their word means nothing and that the presumption of innocence will not apply to them. I trust you will be unsurprised when they send you a message back in 2020.
4. It will now be a lot harder for women who genuinely have been subjected to a sexual assault to be taken seriously in future. Well done!
5. You have united the previously fractious Republican Party behind and with Donald Trump. It’s his party now. Well done again.
6. I had no idea who Brett Kavanaugh was before this brou-haha blew up but I have done some reading about his background from which it would appear that he was a moderate conservative. Well, not any more he isn’t!
In short, you have not just shot yourselves in the foot, you have sawed it off at the ankle with a rusty hacksaw.
Please understand that I am not saying these things in order to bait you or get a rise out of you or score silly points. After all, I have enough tears to shed for the even-more lamentable state of my own country. Who sits on the US Supreme Court is of little personal interest to me.
I enjoy reading this blog so thanks for all your efforts in helping to make it an interesting place.
As an American let me just say that you are full of beans. That is all you are worth.
“…full of beans.”
Randall, are you criticizing davidenglishography’s views about Kavanaugh (1 and the first sentence of 6), or his prognoses (Most of the rest of it)?
Because while I have no opinion about the first, I’m afraid that he may have nailed the rest of it. I think that we’ll have a better idea about it on the morning of November 7th.
I did not think it necessary to look past his noted paragraph 1. That paragraph alone tells me all I need to know about this commentator. He disgusts me with such statements and deserves nothing more.
+1
“The sexual assault allegations were plainly and entirely bogus.” Jeez, why’d we have an (albeit cursory) FBI investigation when all we had to do was ask davidenglishology?
Because of the moral panic currently sweeping America.
There’s a vast difference between “entirely bogus” and “unproven”. I for one believe Blasey Ford over Kavanaugh because Blasey Ford appeared more credible and had no motive to lie (at great risk), while Kavanaugh was often evasive and, in fact, untruthful in his testimony about other matters (and had a huge motive to lie). I also believe the women who have accused Trump because the abusive behavior is perfectly consistent with his depraved, immoral character, and he effortlessly lies even when it isn’t necessary.
Exactly, Stephen. Well said.
Randall, As an American you don’t speak for me or for any other American – one man one opinion. Why you would want is an interesting thought.
Concern troll is concerned.
WRT to point 4 hahahahahahaha like we ever thought anyone took women being sexually assaulted seriously. Hahahahaha it won’t get worse, it will just be the same.
Diana, I take it seriously. Condolences, me, a man!
Well, after all, it’s so unimportant, you know…
1. Not a political hit job, Ford’s allegations came out well before BK was nominated, when he appeared on the short list. She was concerned for the country.
2. The right got what it wanted, and will cool off. But the women won’t.
3. Who says that Gen Z even votes to any significant degree?
4. It’s always been this hard for women, dude.
5. The GOP was already united behind DJT: BK is the product of that.
6. BK wasn’t transformed by this, he just dropped his veil during the hearings.
“2. The right got what it wanted, and will cool off. ”
Not this time.
davideng……. Let’s start our own country!- A country without presidents et-al and the people do the right things for the right reasons – a country where one man’s life is enough for him to manage, where he’s free and content to do only that.
Pass that doobie over here Bill!
+ 1
Congratulations Mr Justice Kavanaugh!!!
mordacious, Dido! But no telling what gymnastics the Republican party performed to make the conformation happen. Causality is always at play in nature – politics is just a skinny, super microscopic corner of it. Mr. K was confirmed, but that won’t change the orbit of the earth. But congrats to Mr K for what? Having achieved more power than than any ethical person can rightfully make claim to? – even by popular vote? Don’t forget there is always an imposed upon minority – by law. This is very awkward regarding fairness and morality. Why would any one want that job: a superior power to impose on fellow human beings regarding their most sensitive value standards? I don’t want it.
Supreme Court Brent Kavanaugh wants it – not a good sign; me thinks. But who is to say. Let’s see how he does! I don’t know the man. I can’t see him, leftists’ mud has obscured my view.
If the Democrats win the House it’s not necessarily a stalemate. They’d have control of all the committees, with subpoena power.
They will also get to decide on all items that need special committees to investigate. Such as all the low down dirty stuff the republicans did in their so called investigation. I think they already have a list of 8 or 10 items that must be investigated.
Remarkably, the Republicans themselves put together a rather long list of all the scandals they are afraid the Democrats could exploit pre-election and investigate post-election, and it was leaked.
http://nymag.com/daily/intelligencer/2018/08/republicans-congress-list-of-trump-scandals-covering-up.html
Yes, I think the list could be very long.
Stalemate with the White House.
Let’s all hope that. Kavanaugh will turn out to be the mainstream centrist that many of the commenters on here and other blogs insist that he is. That would be fitting.
Jerry Coyne, I love your site here, and I bought and am reading your “Why Evolution is
True”. It’s better than very good! I was weaned from Christian dogma by Ayn Rand, George Gaylord Simpson and Henry David Thoreau. I am 74 and still coming of age -still trying to understand it all.
Nevertheless, I’m full of opinions. It’s my egotistical ambition to improve our integrity on the planet and extend our stay here. The only way to do that is for all of us to cultivate and improve our own personal integrity – one mind at a time. I think that each one is responsible for him/her self to be the best one can, and that person is the only one who can do it. But, there’s nothing wrong with getting by with a little help from our friends. I regard you as one friend of many.
While the Kavanaugh camp is sipping champagne some of us on this site are considering hemlock. Don’t do it! All is not lost. You were right about him; you just couldn’t prove it. He is not the best person for the job, but who is? I”m not being silly! Who would make the best judge? I would nominate someone like Thomas Paine or Jared Diamond.
The best measure of a nation is not the quality of its government’s behavior but rather the quality of its people’s. That’s not to say we should let our so-called leaders and representatives run without compunction – on the contrary! Let’s tell them that it’s not too late for Mr. K to be the best he can. Now he really has some power. Let’s insist he not abuse it! Who knows? New leaf? He has the power surprise us all and perhaps himself to boot.
I liked him much better when he was toast.
These are the fruits of Dems spending the 2016 election campaign talking about what a POS Hilary Clinton was. And then they didn’t show up and vote.
Trump
Gorsuch
Kavanaugh
Happy now? Thank goodness we didn’t get that horrible Hilary Clinton, right? (/sarcasm)
+1
Whether or not Kavanaugh is a rapist – let us set aside that issue and focus on his inability to control his inciendiary temper, his snarling, sneering, bloviating, rage – he has Intermittent Rage Disorder and is clearly lacking the temperment to serve in the Supreme Court. His entire testimony was snarling, yapping, hollering melt-down. Not only does he lack the temperment to serve on the Supreme Court – he lacks the temperment to be a judge. A judge needs to be dispassionate, neutral and assess facts purely on their legal merit. Kavanaugh is not a legal scholar, he does not have the right sort of temperment to serve on the Supreme Court. There are still FOUR OTHER WOMEN who allege Kavanugh raped them when they were teenagers BUT they were denied their right to give testimony. The FBI did a cursory examination, but it was not given the time to do an in depth examination. The whole thing STINKS. It stinks on ice!