If Kavanaugh is confirmed, every single GOP justice on the SCOTUS will have been appointed illegitimatelyComments
Clarence Thomas: Perjured himself to the Senate regarding his interactions with Anita Hill. Incredibly enough, Thomas is now the Republican appointee with the least problematic claim to his seat on the Court.
John Roberts: On the Court only because the 2000 presidential election was hijacked in favor of the Republican candidate, who lost both the popular and electoral vote, by five justices put on the Court by Republican presidents. Personally helped steal that election.
Samuel Alito: Ditto, minus the personal participation in Bush v. Gore.
Neil Gorsuch: Sits in SCOTUS seat stolen by Mitch McConnell. Appointed by a president who lost the popular vote by three million ballots, despite conspiring with a foreign power to steal the election.
Brett Kavanaugh: Flagrant perjurer (his testimony made Clarence Thomas’s lies seem modest by comparison). Appointed originally to the federal bench via the same stolen election that put Roberts and Alito on the Court. Like John Roberts, participated directly in the theft of that election.
Jack Balkin 18 years ago:
Indeed, the appearance, if not the reality, of this kind of partisanship in Bush v. Gore casts an unsavory light on the constitutional revolution of the last decade. It was widely speculated before and after the election that several of the Justices might retire within the next few years. By intervening in the election, the five conservatives installed a President who would appoint their colleagues and successors and would stock the federal judiciary with like-minded conservatives. Bush v. Gore was troubling because the five conservatives appeared to use the power of judicial review to secure control of another branch of government that would, in turn, help keep their constitutional revolution going. It is one thing to entrench one’s constitutional principles through a series of precedents. It is quite another to entrench one’s ideological allies by directing the outcome of a presidential election.
Our patience’s long, but soon we won’t have any.
A few more points:
(1) If you have an extensive history of drug abuse, it will be assumed that you are no longer abusing that drug, if that drug is alcohol, and if you are a high status white man. Brett Kavanaugh has an extensive history of abusing alcohol. The almost universal assumption in the political and pundit classes that he is no longer abusing alcohol on a regular basis appears to be based on exactly nothing.
Indeed the assumption that an active alcoholic could not appear to be a competent federal appeals court judge is simply laughable if stated explicitly. Being a federal appeals court judge can be readily transformed into one of the easiest jobs in the world. You can offload almost all your work to your clerks and colleagues, a system of omerta keeps your indiscretions out of public view, and you almost literally can’t be fired. In other words, it’s the perfect job for someone with a serious substance abuse problem. Does Brett Kavanaugh still get wasted on the regular? I don’t know, and neither apparently does anybody else, because as far as I can tell he hasn’t even been asked that question.
(2) There’s a very simple solution to the problem of putting prep school super-predators on the Supreme Court, which is to stop nominating them. For instance, Amy Coney Barrett is every bit as reactionary as Brett Kavanaugh, but the odds that she has sexually assaulted various people while drunk can be safely calculated as zero.
(3) I think Trump’s remarks last night about Christine Blasey Ford could quite possibly cost Kavanaugh the nomination. It may be that Flake, Murkowski, and Collins are just posturing about this, but there is some point beyond which people can’t be pushed (Witness John McCain’s health care vote). Of course this would be something like truly cosmic justice at work, so it’s probably too much to hope for, but Kavanaugh is a lot worse off now than he was 24 hours ago.