Nel's New Day

July 25, 2018

Kavanaugh, A Disaster for the United States, Part 1

Filed under: Judiciary — trp2011 @ 11:59 PM
Tags: ,

On July 9, 2018, Brett Kavanaugh accepted the nomination for Supreme Court Justice to replace Anthony Kennedy whose resignation takes effect on July 31. Dictator Donald Trump (DDT) has managed to deflect attention away from his nominee with news about the meeting with Vladimir Putin, his attack on Iran, and his trade war. Other events have also distracted the media: DDT’s incessant lies, the release of tapes between DDT and Michael Cohen showing that he was involved in hiding the story about his affair with Karen McDougal, etc. Media about Kavanaugh largely focuses on the losses of people’s rights—especially women’s reproductive rights—if Kavanaugh is approved.

The biggest concern facing the people in the United States with Brett Kavanaugh as a justice on the highest court, however, should be that he could put DDT above the law. In the past, he protected George W. Bush by writing that sitting presidents should not have to concern himself with civil suits, criminal probes, prosecutors’ questioning—any “time-consuming and distracting” lawsuits and investigations.

Worse, Kavanaugh said three times on a panel with other lawyers that the unanimous Supreme Court ruling in 1974 requiring Richard Nixon to turn over the Watergate tapes was wrong. Kavanaugh said that Nixon may have had the authority to hide incriminating evidence from federal investigators and that U.S. v. Nixon should perhaps be “overruled.” In 2009, Kavanaugh argued that “Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.”

In addition to making the president above the law—at least a GOP president—Kavanaugh proposed a six-year presidential term by repealing the 23rd Amendment to the constitution. [That would give DDT six years to campaign instead of the four years that he’s using at this time.]

Kavanaugh’s opinion may be for only Republican presidents. He helped author the 1998 Starr Report which gave the case Bill Clinton’s impeachment and removal from office. The document states that a president who lies, whether or not under oath, could be impeached. By 2004, the George W. Bush nominee for a federal judgeship had changed his mind:

“It was not our place to say what the House should do with that or what the Senate should do with that evidence.”

Likely decisions from a Supreme Court with Kavanaugh based on his earlier rulings:

  • Overturning Roe v. Wade, permitting abortions, or at the least allowing states to make the decision and creating inequality for women throughout the nation.
  • Loss of the Affordable Care Act.
  • Establishment of a Christian theocracy for the United States with the distorted view of “religious liberty” that discriminates against all minorities and women.
  • Control by the judiciary over regulations by overturning the Chevron doctrine.
  • Eradication of any agencies independent from executive control.
  • Elimination of the balance of powers. 
  • Almost unlimited ownership of guns, including semi-automatic rifles.
  • Permission for foreigners to donate money for U.S. candidates by allowing them to spend money on independent advocacy campaigns.

The Federalist Society picked Kavanaugh for the nomination—although Kennedy may have leveraged the deal. Deputy Press Secretary Raj Shah refused to answer a question about whether DDT told Kennedy he would nominate Kavanaugh if Kennedy retired. Kennedy could be in control of a SCOTUS seat for 60 years—30 years for himself and 30 or more for the 53-year-old Kavanaugh.” Kennedy’s son bailed Jared Kushner out of a nasty loan when rents on Kushner’s $1.8 billion purchase of 666 Fifth Avenue met only 65 percent of his loan payments. Vornado, servicer on the loan from LNR Partners where Kennedy’s son worked, reduced the principal and deferred part of the interest on the interest-only loan until February 2019.

Kavanaugh’s last confirmation took three years for approval. The American Bar downgraded Kavanaugh’s qualification rating judges and colleagues described him as “less than adequate,” “sanctimonious,” “insulated,” and “immovable and very stubborn.”  In 2006, Senator Patrick Leahy (D-VT) complained that Kavanaugh “spoke of making rulings and whatnot that would make President Bush proud.”

Cleared by anti-LGBTQ and anti-choice organizations, Kavanaugh suggested that Roe v. Wade was incorrectly decided and claimed that a president can refuse to enforce a statute that a court has ruled constitutional. He could also vote to overturn Griswold v. Connecticut and Eisenstadt v. Baird, that legalize contraception for unmarried women. One of his dissents was to nullify the ACA preexisting condition coverage, including for people with HIV. His dissent in the decision that a migrant girl could have an abortion claimed that the government created a “new right” for immigrants in custody “to obtain immediate abortion on demand” for “unlawful immigrant minors.”

Comments about Kavanaugh:

Demand Progress: “Trump’s SCOTUS pick Brett Kavanaugh is an enemy of net neutrality and has sided with big cable companies in the lower courts.”

Politico’s Tim Starks: Kavanaugh “has a history of embracing warrantless surveillance and rejecting Fourth Amendment challenges to it.”

Vox’s Dylan Matthews:  “He’s a veteran of every conservative cause you can imagine, from the 2000 Florida recount to the fight against Obamacare.”

Sen. Elizabeth Warren (D-MA): “He believes that the Consumer Financial Protection Bureau is unconstitutional, he tried to strike down net neutrality, and he’s worked to make it harder for federal watchdogs to hold corporate criminals accountable and protect public health, safety, and economic security.”

Chris Murphy: “Brett Kavanaugh is an anti-consumer zealot, an opponent of preexisting condition protections, a critic of abortion rights and access to contraception, a Second Amendment radical, and a bad choice for the Supreme Court.”

Although Yale Law School’s press release about Kavanaugh sang his virtues, over 600 of the school’s students, staff members, and alumni signed a letter calling for the school to rescind this support citing Kavanaugh’s rulings to show that his conservative bias could place SCOTUS rulings at risk. The letter also stated that Kavanaugh would act as a “rubber stamp for President Trump’s fraud and abuse.” It added:

“At a time when the President and his associates are under investigation for various serious crimes, including colluding with the Russian government and obstructing justice, Judge Kavanaugh’s extreme deference to the Executive poses a direct threat to our democracy.”

Democrats have asked for hundreds of thousands of pages to examine Kavanaugh’s history. One black mark against him may be his testimony that he knew nothing about the George W. Bush administration torture of detainees. Senators had earlier confirmed Jay Bybee to the 9th Circuit Court before they discovered his part in writing the memos justifying this torture. Kavanaugh may not have directly lied, but he waffled enough to mislead the senators. He was asked to recuse himself from any cases dealing with detainee-related issues but refused. The person who signed his letter of exoneration is Brian Benczkowski who was confirmed to lead DOJ’s criminal division after he worked for the largest Russian bank with ties to Vladimir Putin. Two members who felt misled by Kavanaugh still sit on the Judiciary Committee.

One oddity about Kavanaugh is his large decade-long credit card debt—between $60,000 and $200,000—to buy Washington Nationals’ season tickets and baseball playoff games for himself and a “handful” of friends. Shah claimed that some of his debts during the past decade were for home improvement and that Kavanaugh’s friends reimbursed him for their share of the baseball tickets later. Kavanaugh’s only listed assets are his home with a $865,000 mortgage, his wife’s retirement fund between $15,000 and $65,000, and his own retirement fund. His wife annually makes $66,000 as town manager for Chevy Chase; their daughters’ annual tuition is $20,050.

A minority of people in the U.S. will determine the direction of the United States for decades: a president elected by a minority of voters has nominated another white Catholic male for the U.S. Supreme Court, and senators elected by a minority of the voters will in most likelihood confirm the nominee. And the situation will get only worse in the future. By 2040, 70 percent of people will live in 15 states, leaving the 70 senators from the remaining 30 percent—older, whiter, more rural, and more male—will be able to confirm—or not confirm—the president’s nominees. That’s the conclusion of conservative Norm Ornstein based on population estimates. With almost half the population in only eight states by 2040, half the U.S. population will control 84 percent of the Senate.

[To be continued with Kavanaugh’s major cases.]

1 Comment »

  1. Yet another disaster.


    Comment by Lee Lynch — July 26, 2018 @ 8:54 PM | Reply

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