Truth, Justice, and the American Way,,,

It is good that Jeff Flake voted to move confirmation out of committee to the senate floor. It is better that he made it clear he would vote no on confirmation unless the FBI was given a full week to do a proper complete investigation of all the allegations against the judge. Senator Flake ultimately decided that delaying the vote on confirmation until all the facts are in is the only right thing to do. Flake, again bucking party leadership, showed the kind of integrity that is sorely lacking in the republican party these days.

Also, the American Bar Association has called on the Senate to delay confirmation until the FBI has a chance to fully investigate allegations of sexual assault by nominee Kavanaugh.


In a strongly worded letter obtained by CNN Thursday, the organization said it is making the extraordinary request "because of the ABA's respect for the rule of law and due process under law," siding with concerns voiced by Senate Democrats since Christine Blasey Ford's decades-old allegations became public.

"The basic principles that underscore the Senate's constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI," said Robert Carlson, president of the organization, in a Thursday night letter addressed to Senate Judiciary Chairman Chuck Grassley and ranking Democrat Dianne Feinstein.

"Each appointment to our nation's Highest Court (as with all others) is simply too important to rush to a vote," Carlson wrote. "Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate's reputation, but it will also negatively affect the great trust necessary for the American people to have in the Supreme Court."

SKIP

In the letter, the ABA president says the Senate must remain "an institution that will reliably follow the law and not politics," saying a "thorough FBI investigation will demonstrate its commitment to a Supreme Court that is above reproach."


Yale Law School is echoing the ABA
in calling for a delay and further investigation into the sexual assault allegations.


Yale Law School, where Judge Kavanaugh studied, on Friday called for further investigation into the allegations against the Supreme Court nominee.

Heather Gerken, the law school's dean, said in a statement: "I join the American Bar Association in calling for an additional investigation into allegations made against Judge Kavanaugh. Proceeding with the confirmation process without further investigation is not in the best interest of the Court or our profession."

Judge Kavanaugh in his hearing Thursday boasted of his admission to Yale Law School, saying he "got there by busting my tail in college" and describing it as the "number-one law school in the country."

These are encouraging signs that maybe, in spite of the GOP leadership's desire to steam roll Kavanaugh's confirmation, a proper determination will ultimately be made based on a thorough and non partisan FBI investigation of alleged sexual assault against Judge Kavanaugh.

Comments

  1. We recall the Garland nomination: a middle of the road non-partisan older
    judge of exemplary qualification. The GOP senate refused to even consider
    the nomination and the seat sat open for 3/4 of a year while they waited for
    'their turn'. We now watch as the very same group of 'honorable' men whine
    partisanship as they ram their judge down the throats of the US citizenry,
    Even before the spoiled rich kid who 'busted his tail' (damn, that SCOTUS
    sounds like that POTUS), he polled the lowest of high court nominations
    at 39% favorable, lower than even Bork and far lower than the above mentioned rejected Garland (52% favorable). Kavenaugh's judicial record (the small part they let us see) is one that runs to the right of good old Scalia of Citizens United which leads us to neo-feudalism and worse. The ram-rodding rush is disgraceful and given the shrinking minority of Foxpublicans reminds of the old nuclear scientists who termed the movement of plutonium
    by hand to see how close to a critical mass they could get (one scientist
    was exposed to the blue flash of neutron flux and died a week later)...
    Tickling The Devils Balls. My POV for what it's worth.

    ReplyDelete
  2. I think your POV is spot on BB Idaho. 1) The hypocricy of the cons (republicans) on the right is glaringly obvious to all but the most partisan rightwingers. 2) Kavanaugh is just the guy the cons need on the SCOTUS to fully take America back. Unfortunately that journey will look a lot like a return to the good old days days when women spent their time in the kitchen where they belong, back alley abortions, when boys could just be boys without fear of backlash, and the nation was fighting the bogeyman of socialism. 3) Tickling The Devils Balls indeed!!

    Hopefully Senator Flake's calculated and ballsy move (play) to get allegations against Kavanaugh investigated by the FBI will result in something positicve coming out of this recent drama. If the FBI finds verifiable and credible supporting evidence that Kanaugh did indeed sexually assault Ford or any other women either Kavanaufg should withdraw his name from consideration or tRump should.

    This is a situation that if mishandled by the GOP (not that it hasn't been mishandled already IMO) the possible blue wave in November may become a tsunami.

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  3. This is a mess, pure and simple. But it is the logical continuation of a system that has decided it is better to win, than sacrifice for the common good of everyone. It's become a game played by both sides, eager to win and bitter at anyone who stands in the way.

    Even supposed "thinkers" writing have taken to calling people names and someone who is unwilling to take sides. Absent an equal name calling, scorched earth approach in your comments, you are shuffled off to the dust bin of the dinosaur, accused of being so devoid of principle that you cannot take a stand.

    Years ago Kav's nominee would have quietly been withdrawn, if he would have even made it to the top. Bush the Elder nominated Justice Souter, a middle of the road man, like Garland, and he was vilefied by the right because he was not enough of "their" guy.

    Kavanaugh was unable or unwilling to affirm Brown vs. Topeka. How on earth is that possible? It's possible when in America we still have people in positions of leadership that believe a business has a right to discriminate against someone based on the color of their skin, sex or religion. And it's possible in an America where the great majority of those people support the judicial philosophy of Justice Kav.

    ReplyDelete
  4. Well said Dave. Our political and governmental system has become so partisan and polarized there is barely a noticeable middle ground anymore.

    Political parties have always been defined by their ideology and driven by it. However, until very recently they understood the value of compromise. As you so accurately pointed out the major political parties have jettisoned any desire to seek common ground. Having said this I must state, for the record, that IMO the republican party bears the Lions share of responsibility.

    The goal of the president, and the Senate ought to be to seat on the SCOTUS an eminently qualified and accomplished judge with a demonstrated record of impartiality. Unfortunately this is no longer the case.

    If either Kavanaugh or tRump had any honor we would contemplating who the new nominee might be.

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  5. The investigation will be "limited in time and scope". Smells like it could quite probably end up a sham "investigation" designed to "clear" Gang Bang Brett and allow all republicans and some Democrats to vote for him with a "clear conscience".

    Even though the issue of him lying under oath remains. As well as his partisan rant that proves he does not have the temperment to serve as a neutral arbiter. The votes shouldn't have been there even BEFORE the multiple allegations. With Murkowski and Collins voting no due to his anti-choice record, he should have been narrowly voted down.

    How about Merrick Garland? I remember hearing he's a moderate who was recommended by Orrin Hatch. As the court moves to the FAR Right everyone should remember that Mitch McConnell is to blame. President Obama should have simply appointed Garland due to the fact that the Senate DECLINED to "advise and consent".

    ReplyDelete
  6. The only thing I am willing to say with absolute certainty Dervish is that he lacks the self control and and emotional temperament to sit on the SCOTUS.

    You may be right about the FBI supplemental investigation being a sham. However, the FBI is a non partisan agency interested in just the facts ma'am, just the facts. If their investigation turns up corroborating testimony and the GOP dismisses it they will undoubtedly be putting the screws to themselves.

    I'll wait to see what the FBI report reveals.

    ReplyDelete
  7. Further, it is reasonable to conclude, based on Kavanaugh's Thursday screed, that he is very likely unable to rise above his bias against, and hatred for, democrats. Thus making it virtually impossible for him to maintain impartiality in any case brought before the court that involved liberal (democratic) groups. He would likely be in a position of recusing himself from cases for this reason. Likely OFTEN. Which means frankly that he would be unable to do his job if he is confirmed. A legitimate disqualifier in and of itself.

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    Replies
    1. Well RN, you're somehow thinking he would recuse himself? SCOTUS justices rarely recuse outside of a financial connection in a case.

      I still believe, absent a huge smoking gun, that Kav will be the next person seated on the now over politicized court.

      Delete
  8. Actually Dave I am thinking he won't.

    Which is, IMNHO, a reason he should NOT be confirmed. Seeing his emotional screed Thursday that laid his hate for democrats bare it is clear, to me, that his ability to maintain impartiality is slim to none.

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    Replies
    1. I also believe the ABA should downgrade their rating to unqualified.

      Delete
  9. Sadly, both parties have made getting specific outcomes from the Supreme Court the objective. In spite of the rhetoric, there are indeed litmus tests for candidates and the first one os Roe V Wade.

    I get the idea of originism, posited bt=y Scalia and many conservatves, but they must grapple with the outcome of that philosophy. Many conservatives to this day decry the "judicial activision" that brough us Brown v Topeka, the decision that integrated schools, slapping down "separate but equal." In fact Kav would not even affirm that decision.

    It is originism that allows libertarians like Sen Rand Paul to believe a business has a right to discriminate, absent a constitutional amendment, against people of color, women, etc. Their belief is that the market should decide.

    Folks like Scalia and his followers have yet to annunciate how that is supposed to work in a civil society with a Congress unable to get past partisan differences.

    And while I agree with you that Kav will only make this worse, as evidenced by his published views and his attack on the left Thursday, I'm still pretty certain he's going to be seated.

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    Replies
    1. Well Dave, let's hope for an October surprise. One in which the Senate demonstrates that it has not completely lost its marbles.

      Delete

    2. The thing about Scalia that bothers me is that he is touted as a
      strict constuctionist. Declaring that the causative phrase in the 2nd Amendment is irrelevant exhibits the total opposite of strict
      construction. The very damaging decision in Citizens United, which
      brought us Dark Money and endless expensive awful TV ads at election time is hardly strict constructionist: the constitution does not address corportations, nor are they citizens. The sole candidate for
      SCOTUS who was completely non partisan was Merrick Garland- put on
      ice for 300 days, proving I guess that the middle of the road, the
      greatest strength of the US historically, is now considered irrelevant. Sorry, but 94% of we scientists are not Republican,
      ya know?

      Delete
    3. It's hard to understand how or why ANY scientist would be a republican in today's political environment BB Idaho.

      Delete
  10. Correct you are Rev, Kavanaugh could very well be seated by late next week and rightly so.
    You folks on the left should put a team together to help RBG in and out of the shower each day and cover her in bubble wrap. If anything happens to RBG you'll see Amy Coney Barrett hopping down the bunny trail towards her seat on the court.

    ReplyDelete
    Replies
    1. He could very well NOT be seated by late next week and RIGHTFULLY so. Lying under oath (perjury) and contacting witnesses and telling them to deny Deborah Ramirez's allegations (witness tampering) are disqualifying.

      My predictions for the Supreme Court, 2020 to 2023... RBG and Stephen Breyer will retire, Clarence Thomas will slip on a banana peel - hit his head on a concrete slab and die instantly, Neil Gorsuch will be removed from the court after all tRump judicial appointments are nullified due to the Orange Turd being convicted of treason, and Anthony Kennedy's seat will remain open until 2020. All 5 of these SCOTUS seats will be filled by President Elizabeth Warren.

      Delete
    2. Now THAT is truly wishful thinking Dervish!

      Delete
  11. The FIX is in. Kavey WILL be nominated.

    1) FBI interviewed neither Kavanaugh or Ford.

    2) FBI report will be submitted to tRump and after review it will be forwarded to Capital Hill. Possible editing or selective omissions.

    3) tRump said last week he found Ford credible. Last night in Mississippi at his "MAGA" rally he mocked Dr. Ford.

    4) GOP leadership (McConnell and Graham to name two) are certainly pressuring rank and file to toe the party BS line.

    5) tRump and HIS GOP are merely trying to give the impression of fairness. What they are most concerned with is preserving male (preferably white) dominance.

    6) Note: Current FBI is a tRump FBI. It is now reasonable to question their impartiality and independence.

    Soon we'll know. And, I hop I am wrong in my prediction.

    ReplyDelete
  12. Replies
    1. You hop? Down the misogynist tRumpy trail I presume.

      Delete

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