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October 02, 2018


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ONe cannot do anything other than completely agree that the labeling of the SCOTUS members as "Republican" and "Democratic" justices, the sanctification of "RBG" (which has clearly gone to her head) by the left, the truth of the remarks by KAV about the forces arrayed against him, etc., signal the demise of the SCOTUS as an esteemed institution.

The question, who to blame?, will be answered, predictably, differently by persons wearing different team colors. The red will blame the blue, and the blue the red.

All that said, vicious attacks on KAV for pointing out the truth - a literal army was gathered to oppose his nomination even BEFORE it was announced (see, the "fill in the blank" press releases, released minutes after the name was known), see, e.g, NYT "Brian Fallon, a 2016 campaign adviser to Hillary Clinton ... helped start a group called Demand Justice to fight conservative judicial nominations") -- are totally unjustified.

A remark was heard: "What sort of evil creature is this, that defends itself when attacked?"


"But it is also true that a similar recusal argument could be made with regard to Justice Ruth Bader Ginsburg."

Yes, I believe the good professor Tribe has made this argument numerous times.

Oh, wait; nope. Instead, what Prof. Tribe says about Justice Ginsburg are things like (tweeted earlier this year):

"Great news: Justice Ginsburg has hired a full slate of law clerks through 2020. Take that, “stable genius” Donald."

I understand that there is no requirement for Professor Tribe to be impartial as a judge. But, c'mon. Has he ever suggested that Justice Ginsburg must recuse herself from any cases involving the executive branch's administrative agencies while Mr. Trump is president?

As for "inconceivable that he could ‘administer justice without respect to persons,’ ... when groups like Planned Parenthood, the NRDC Action Fund, the NAACP Legal Defense Fund, Naral Pro-Choice America or the American Civil Liberties Union appear as parties or..."

I could be wrong, but I don't believe these above are "outside left-wing groups" which have poured in "millions in dollars of money"[1] to oppose the nomination. Or if they have, I haven't seen any reporting on it. Maybe I haven't been paying close enough attention.

[1] You'd think a prepared comment would be a bit more artful. Given it probably wasn't millions in dollars of burritos, the "of money" should have been edited out.

Brett Kavanaugh Macho Macho Man Association of America

He would have to recuse himself on any litigation involving the beverage industry. He openly declared his love for beer. He is a Bud Man

Anthony Gaughan

concerned-citizen, thank you for your comment. I didn't catch the "millions in dollars of money" typo in Judge Kavanaugh's prepared statement either until you pointed it out.

The typo may confirm the accuracy of the first paragraph in Judge Kavanaugh's opening statement, in which he says, "[T]hank you for allowing me to make my statement. I wrote it myself yesterday afternoon and evening. No one has seen a draft of it except for one of my former law clerks. This is my statement." If more people had read the judge's statement in advance, I think someone would have caught the "millions in money" typo.

And if more people had read the statement beforehand, they might have been able to persuade Judge Kavanaugh to eliminate its partisan tone. But who knows.

Thanks again for your comment.


fwiw, Kavanaugh has now apologized for his tone, similar to how RBG apologized for her comments.

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