People of Conscience Oppose the Confirmation of Brett Kavanaugh
The confirmation of Brett Kavanaugh to the U.S. Supreme Court will result in at least some level of net suffering for almost all Americans. To understand this, the reader should first familiarize himself with the position the nominee has taken in notable cases, the collection of which explains quite clearly how the following groups are bound to fare poorly if Kavanaugh is seated:
• Those prone to discrimination: women, gays, blacks, Muslims and religious minorities, Latinos, et. al. Before continuing, realize that there are many million members of this category that stand to suffer far more terribly than those in any of the groups below.
• Consumers of all types who will lose protection against predatory corporate entities that sell them shoddy products and services.
• Workers who will lose via union busting, diminished safety regulations, and pressure against raising the minimum wage.
• Everyone outside of the top few percent in terms of wealth who will struggle to access affordable healthcare.
• The same socio-economic sector that has the most to lose in any financial meltdown that derives from banking deregulation.
• Those wishing to protect their children from school shootings via common sense gun laws.
• Those with personal or business relations with people in countries whose populations now regard the U.S. as lawless and morally disgusting, based on its travel ban, illegal and inhumane treatment of asylum seekers, withdrawal from the Paris accord, etc.
• Everyone with lungs who will suffer damage to their health caused by the relaxation of environmental restrictions.
• Those whose life’s work surrounds that transition from fossil fuels to clean energy, or who, for whatever reason and via whatever mechanism, are working to improve the quality of the planet on which future generations will be forced to live.
• People in dozens, probably hundreds, of situations that affect small groups, e.g., tech companies whose Iranian employees cannot move freely into and out of the U.S., college administrators who must work overtime to ensure their students coming back into the U.S. aren’t detained at airports, etc.; cases like these are too many to list individually.
With respect to this horrible truth about Kavanaugh, there are precisely three different groups that make up the totality of the American population, provided below, along with this person’s stance vis-a-vis Trump, and the approximate percentage of the U.S. electorate represented.
– “I stand to suffer greatly, but I’m too ignorant to know that.” (Trump Supporter, 35%)
– “I do not stand to suffer greatly, and Kavanaugh’s positions will protect and expand my wealth, so he sounds great to me.” (Trump Supporter, 5%)
– “Whether or not I personally stand to suffer greatly is less important than this immutable fact about me: I care about those who do.” (Trump Antagonist, 60%)
Here’s the good news: all this is becoming more clear with each passing day. That 60% today will be 61% next week. This assault against basic human rights and American values simply will not stand.
Craig,
Interesting rant. How can you lose when you pose both the allegations, and the answers ?!
When elevated to the US Supreme Court as an Associate Justice, US Circuit Court of Appeal Judge Brett Kavanaugh, will be one of the most qualified and least controversial appointments in decades.
Judge Kavenaugh is an nomination so lacking in controversy, even the usually acerbic leftist scandal monger, Stephen Colbert, admitted after intense research ” even the gossip about him is so boring we’re calling it nothing. We didn’t come up with a thing,” !
What should be of more concern is the shockingly miserly salaries these these judicial appointments receive ! Circuit Judges receive only $213,300, even Associate Justices of the Supreme Court receive a mere $246,800 while the Chief Justice of the United States is expected to live on $258,100 p.a. !
The Chief Justice of the US Supreme Court earns less than a relatively competent, but still junior lawyer with five or six years experience !
It’s a disgrace that these Judges earn less in a year for discharging the awesome responsibilities of their office, than many of the senior Counsel appearing before them earn in a day !
Your criticisms of the nominee and all his fellow Judges and Justices, displays either ignorance of the power granted Courts by the Constitution, or a desire to distort the truth to suit your own political agenda.
The US Supreme Court is not empowered by the Constitution to create legislation (law) or interfere with constitutionally abiding administrative decisions by the executive branch. That is the sole prerogative of elected legislators, the President and confirmed appointees.
Justices of the US Supreme Court must confine their rulings to interpreting and applying the clauses in the Constitution to ensure legislation and administrative action is consistent with the powers granted in the Constitution.
Most of your wish list and criticism of Judge Kavanaugh, is simply a partisan political agenda because your party of preference is no longer in power and has nothing whatsoever to do with either the Supreme Court or the suitability of Judge Kavanaugh’s appointment !
There is no “horrible truth” about Judge Kavanaugh ! The Judge is unquestionably an honest, highly intelligent, hard working, diligent, immensely well qualified candidate, with an unsullied reputation for integrity both in office and his personal life.
The powerful investigative resources of the Washington Post, a media outlet relentlessly opposed to the current administration ( curiously backed by the resources of one of the richest men in America, which is OK if he’s a Democrat), assigned three of it’s most experienced investigative reporters led by a Pulitzer Prize-winning investigative journalist and aided by numerous assistants and researchers to discover any ‘dirt’ on Judge Kavanaugh.
The best all this heavily resourced team produced was two “revelations” !
1) Kavanaugh drinks Budweiser at his local pub.
2) Uses a credit card to buy season tickets to his hometown baseball team.
I have not always agreed with Judge Kavanaugh’s decisions, but always admired the legal integrity and impeccable legal reasoning behind his rationale.
In an era where movies and the media has made hero’s of “activist” Judges, it must be difficult for Judges like Kavanaugh not to yield to pressure or give in to temptation and usurp the legislative process by substituting judicial “justice” for disagreeable legislation.
Politically, I support the motives behind the Roe v Wade decision. But in the 45 years since that decision the US Congress should have had the courage to enact legislation to give the decision the authority of law. ( or pass an amendment to the constitution).
Legally, it’s difficult to defend the decision of Roe v Wade. The argument the US Supreme Court acted beyond constitutional remit is very strong. It does appear the Court attempted to supplant the voters right to decide on legislation, by “creating” law.
The problem of the Roe v Wade decision, is very simple. Even if a Supreme Court decision is humane and beneficial, it’s still not justifiable for the Supreme Court to in invent rather than interpret the constitution. Judge Kavanaugh is quite correct when he described the decision as a ” freewheeling judicial creation of unenumerated rights”.
But the measure of the Judge should also not his opposition to any attempt to revisit the decision as although the reasoning at the time may have been flawed, the effects of the decision are now so deeply embedded in the “spirit ” of the Constitution on modern society any reversal should be more appropriate as the result of passing a Constitutional amendment than asking the Supreme Court to revisit the issue.
It should also be noted Judge Kavanaugh was addressing an academic group of legal scholars concerning the legal career of Chief Justice Rehnquist. It’s also true most, even liberal and progressive scholars, agree with the assessment of Judge Kavanaugh.
I also politically disliked Judge Kavanaugh’s findings in support of the Obama administration in Meshal v. Higgenbotham, Ghaleb Nassar Al Bihani, Klayman v. Obama, Kiyemba v. Obama (2010.
However, I accept Judge Kaveanaugh decision in each instance was motivated by a principled dedication to to legal principles and adherence to the principles of the court being bound by the Constitution and legislation.
In fact, “people with conscience” should welcome the appointment of Judge Kavanaugh to the Supreme Court. Judge Kavanaugh is a ‘conservative’ Judge, but not in the political sense. His dedication to the rule of law and personal integrity ensure “justice for all”.
“Activists”, belong in the political arena, where their policies must stand the test of public opinion.
Only those with selfish, political partisan bias would oppose the appointment of Judge Kavanaugh to the Supreme Court.
Craig,
” Those prone to discrimination: women, gays, blacks, Muslims and religious minorities, Latinos, et. al. Before continuing, realize that there are many millions members of this category stand to suffer far more terribly than those in any of the groups below “.
How does that statement compare with reality ?
Let’s see, maybe Trump appointee US Circuit Appeals Court Amul Roger Thapar (born the son of Indian Hindu migrants) might disagree, or how about Trump appointee, Judge David Stras the grandson of Holocaust survivors from Hungary and Germany ? Cabinet Member Afro-American Dr Ben Carson, the list goes on and on….
Why do you think the President has increased support among Hispanic and Afro-American voters ? Why is the President’s approval among women, especially working class women, increasing ?
One reason could be the blatant hypocrisy of Leftist-progressive liberals living in the delusion that abuse and bullying is a replacement for reality.
If, like MLK, you believe we should judge people on the content of their character and not the color of their skin, the left calls you racist ! If you believe men and women should enjoy equal rights, but are fundamentally different, the left screams, SEXIST !
In reality, the left isn’t tolerant at all ! Try being one of those the left say they represent, then try to express an opinion out of lockstep with leftist doctrine, see how viciously you will be treated !
If you’re gay, black, working class, an immigrant, Hispanic, Jewish, female, or basically anyone and disagree with current leftist orthodoxy, you can expect to be reviled, abused, demeaned or even assaulted by leftist fanatics screeching, ” we won’t tolerate, intolerance !”
In contrast, conservatives will mostly listen politely, even welcome debate !
The problem the left is experiencing, especially leftist media, is the endless repetition of “Wolf” ! Sooner or later, when no wolf appears, or turns out to be just a golden retriever, the public stop listening.
Each time the Guardian headline screams, “Massive Protests In UK Against Trump !”, or CNN footage shows vast crowds of demonstrators in Scotland, credibility is lost. Especially when it’s revealed the crowds are really just the usual small number looney leftist malcontents with confused and often conflicting agenda’s.
The UK has a population of more 60 million. These protests seem meagre and half-hearted. Even the obligatory hysterically screaming female student demonstrators being dragged away by police seem to be merely going through the motions, rather than genuinely outraged.
The left lose ground with the general public, the demands become more strident, but increasingly illogical, lacking focus and incomprehensible. People are growing weary of being abused, bullied and misled by permanently outraged liberals.
The” Wolf ” is looking more and more reasonable !