Kavanaugh Hearings For Republicans Uncover Nothing/Whitewash Op!

Discussion in 'Law & Justice' started by JimfromPennsylvania, Sep 5, 2018.

  1. JimfromPennsylvania

    JimfromPennsylvania Active Member

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    Considering what transpired at the Brett Kavanaugh Senate confirmation hearing yesterday I think it revealed that the Democrats are on the job and the Republicans see this hearing as an annoying formality to be done with as soon as possible! It began with Senator Grassley's opening comments where he shined a spotlight on his focus for this nomination when he mentioned Mark Pullium's article which posited that by confirming Judge Kavanaugh the Senate can go some way for atoning for the shameful treatment of Robert Bork thirty-one years ago; these crusty old bitter Republican Senators and their special interest allies have never got over the Bork failure the Kavanaugh nomination to them is about settling this old score!



    Senator Feinstein comments were great where she focused on Judge Kavanaugh's record. She mentioned how he deviated from Judicial precedent in the GArza v. hagan case requiring more than the S.C. precedent which was a minor could get an abortion with just a Judges agreement Judge Kavanaugh required another hurdle in this case the minor immigrant's sponsors involvement. She focused on Judge Kavanaugh's statements amounting to the position that banning assault weapons is unconstitutional; the Judge even went farther than Justice Scalia. Senator Leahy was great when he shined a spotlight on the unfair process of this hearing where there was like a 30,000 document drop on Democrats just Monday after 5:00 PM and his mourning that the Senate was abandoning it's charism to be the conscience of the nation! Senator Whitehouse was great in his laying out the case ohhow Special Interests has it's tentacles in America's judiciary and is corrupting it.



    Senator Hatch what a disappointment because prudent American's know he's a smart guy he knows what is going on and he is choosing to not look around, he is not scrutinizing anything really during these hearings. Based on Senator Hatch's flooding praise of Judge Kavanaugh one would think the President and Senate are missing the opportunity of a lifetime in not going to directly appoint Judge Kavanaugh Chief Justice of the Supreme Court.


    Senator Graham's showing yesterday desperately calls for him be told that he needs to get his head screwed on properly, his duty is not to be a partisan attack dog on the confirmation issue but to vet Judge Kavanaugh to determine if he has the character and legal ability to be given a seat on the Supreme Court. Senator, Hillary Clinton saying elect me and I will protect Roe v Wade and a women's right to choose an abortion is not the same as Candidate and President Trump saying I am only appointing SC Justices that will find the Affordable Care Act unconstitutional and overthrow Roe v. Wade. The right to an abortion during the first trimester for a women's pregnancy has existed in America for over forty years it is considered as stemming from a fundamental right to privacy the most precious right outside of the right to life this right is legitimately recognized practically throughout the entire Western World as a fundamental right. Donald Trump's not protecting any fundamental rights with his litmus test for supreme court nominees. Lastly, Jesus Christ Lindsey don't incriminate yourself in an open Senate hearing saying you haven't and never will read Judge Kavanaugh's book. It's a book about what he thinks the right criteria are for overturning Supreme Court precedents and he is being vetted by you for a seat on this court. Now you have to definitely read the damned book and have a public questioning session where you can prove you read the book and have done your due diligence!




    Senator Cornyn, Senator Lee and Senator Cruz revealed this is going to be a sham hearing from the Republican's standpoint. Senator Cornyn throwing around something like the phrase " A Justice has to be a textualist" like he was throwing rice at a wedding. A Supreme Court Justice's job will be a lot more complicated than reading a statute or the constitution and straight forward applying it there is challenging analysis that goes into it. Senator Lee's diatribe that a court's opinion are legitimate only to the extent that they are based on sound legal reasoning and principle blah, blah, blah a political desirable result is not a legitimate mode of decision making blah, blah, blah; Senator Lee has to get a clue the Supreme Court opinion is legitimate when it is released so the Senate needs to confirm good and talented Justice. Senator Cruz proclaiming like he received the information from God "No One is Questioning the Qualifications of Judge Kavanaugh to receive a seat on the Supreme court". Every responsible person that looks in Judge's suitability for the Supreme Court should; I'll tell you the Judge Kavanaugh that wrote the Seven Sky dissent isn't qualified; his ability to think conceptually is short, his legal analytical ability is short, his ability to cite case authority accurately and properly is short. To be qualified to be on the Supreme Court you need more than the legal ability to pass the bar, to memorize a lot of law and spew it back, you need to have superior legal analytical ability.



    Two points about Judge Kavanaugh's qualifications. Republican Senators love to wave around the fact that supposedly twelve of Judge Kavanaugh's legal opinions were adopted and affirmed by the U.S. Supreme Court as proof Judge Kavanaugh is qualified. The Supreme Court renders opinions on what is the proper interpretation of the law to the issue(s) of the case before it there is no requirement that those legal issues involved in these cases be difficult. I am sure if you charged the top seventy five percent of lawyers that just past the bar in the past five years with writing any of those twelve opinions you would get an enormously high number of opinions that were ultimately adopted by the Supreme Court and I am not saying that these seventy-five percent of new lawyers are qualified to be on the Supreme Court. Secondly, when candidate Trump was running for President back in 2016 he made a big deal that he had this list of Supreme court candidates and he promised his base he would pick his nominees from this list and this list was in part made from the Heritage Foundation list of ideal Supreme Court candidates. Now the Heritage Foundation is this prominent right wing advocacy and scholarly organization. The experts on the Heritage Foundation are excellent and as distinguished as they come. Now explain this too me Judge Kavanaugh has been a Judge on the Court of Appeals since 2006 and if you comprised a list of Judge Kavanaugh's position on every issue that the Heritage Foundation cares about you basically couldn't find a Judge with a better score. Then answer me this why wasn't Judge Kavanaugh, a Judge on the DC Circuit - considering America's history the farm team for the Supreme Court, on this list of ideal candidates for the Supreme Court. Could it be that the group of America's pre-eminent legal scholars on the Heritage Foundation Staff didn't think Judge Kavanaugh had the legal ability that he should be confirmed for such a seat?
     
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