The Frightening Descent Of The Court We Once Held Supreme.

Many of us grew up with great respect for the highest court in the land. We did not always agree with its rulings. But we always respected them because we knew they were considered judgments based on the law.

The current version of the Court is different. Very different.

Contrary to the protestations of Alito, Roberts, and Thomas, the Court has been made highly partisan. Certainly, there have been periods of partisanship in the past. But none quite like this. It began when Republicans were enraged that Robert Bork was not confirmed by a Democrat-led Senate due to his role in firing the Special Prosecutor assigned to the Watergate investigation. Never mind that the Senate’s refusal to confirm Bork was justified, Republicans threw an absolute hissy fit that continues to this day.

Republicans became further incensed when Democrats contested the nomination of Clarence Thomas based on Anita Hill’s credible allegations of sexual impropriety. The fact that the ethically challenged Thomas was married to and influenced by a far-right extremist and activist was lost in the controversy. And we’ve been paying for that oversight ever since.

As it became clear that the Court’s rulings dramatically lurched to the right, Thomas, Scalia, and Alito all portrayed themselves as “originalists.” They seem to view the Constitution as a static document that should be viewed from the perspective of 1788 when it was ratified by the original 13 states.

Yet these “justices” always seem willing to reinterpret the Constitution to benefit Republicans.

In recent years, Republicans have accelerated the Court’s descent into blatant partisanship. The GOP-controlled Senate blocked hearings on Garland’s nomination to replace Scalia for purely partisan reasons claiming that, since it was eleven months before a presidential election, the decision to fill the Court’s vacancy should be left to the next president. Then, when Trump won, the GOP began searching for judicial nominees who would be willing to bend the rule of law to benefit the Party and to overturn Roe v Wade. They rammed through three Supreme Court nominees, the last just weeks before the 2020 presidential election.

Such choices were a payback to evangelicals – people who can’t tell a zygote from an embryo from a fetus – for supporting the GOP’s ever-present culture wars against school integration, against interracial marriage, against contraception, against gay rights, against gay marriage, against sex education, against racial equity and, of course, against abortion.

Despite angrily denying their obvious partisanship, conservatives on the Court have made their partisan views public as featured speakers at numerous Republican and conservative “Christian” gatherings. And the leaked opinion by the Court’s five conservatives as expressed by Alito is the most obvious display of partisanship yet. They have gone out of their way to impose the beliefs of evangelicals and the GOP on all American women. Further, Alito’s draft opinion sets the stage for taking away other rights, including all of those at the heart of the GOP culture wars.

His opinion, if adopted as is, would enable his cult (aka the Republican Party) to transform the nation in ways unlike any previously experienced in American history.

For example, prior to Roe v Wade, women were seldom prosecuted for having an abortion. Those women who could afford it, would ask their doctors for a procedure called a D&C to terminate their pregnancies. Those who couldn’t afford such niceties would either seek a dangerous abortion in some back alley or take things into their own hands by employing coat hangers or acid. Or they might simply throw themselves down a flight of stairs. Apparently, that was seen as punishment enough by the Puritan crowd, since only the abortionists themselves were charged with crimes.

But, in this era of theological and ideological vengeance, it seems that no punishment for women is draconian enough. According to the current GOP anti-abortion bills, women will be arrested and jailed for terminating a pregnancy. So, too, will anyone who advised or enabled them. And every woman who has a miscarriage will be under suspicion.

What’s next on the GOP agenda? Burning women at the stake?

Kavanaugh’s Lies.

Forget Brett Kavanaugh’s hyper-partisan demeanor. Forget his lust for the most sensational details about the Clinton-Lewinski encounter. Forget the thousands of pages of his writings that were hidden by the White House and Republicans on the Senate Judiciary Committee. Forget his rude and dismissive behavior toward Fred Guttenberg , the father of a Parkland shooting victim. Forget his tearful and angry tirade attacking sexual assault victims, Democrats and his wild accusation of an unproven conspiracy.

All of that is more than enough reason to deny his lifetime appointment to the Supreme Court.

More alarming are the multiple lies he told while under oath before the Judiciary Committee – any one of which represents a felony. For example, he clearly lied when asked if he had received stolen documents in 2002 from the staff of Democrats on the Senate Judiciary Committee. He lied during a 2004 confirmation hearing about his involvement with another judicial candidate who called Roe v. Wade “the worst abomination of constitutional law in our history.” He lied during a 2006 confirmation hearing when asked if he had knowledge of the NSA warrantless wiretapping program. And he again lied about his knowledge during the most recent confirmation hearings. He lied about participating in discussions about the Bush-era detainee program. He also lied about his involvement with the controversial Charles Pickering who reduced the sentence of a man who burned a cross in front of an inter-racial couple’s home.

During the most recent confirmation hearings, he lied when saying that he had no help getting into Yale (he was a legacy student as a result of his grandfather’s prior attendance). And he obviously lied when asked about the notations in his high school yearbook; about the definition of Ralphing; about claiming to be a Renate alumnus; about the definition of Devil’s Triangle; about Boofing.

There is little doubt that he knew that Ralphing referred to vomiting when drunk; that Boofing referred to anal sex or the ingestion of alcoholic beverages through the rectum; that Devil’s Triangle referred to two males simultaneously having sex with a single female; that by stating he was a Renate alumnus he was claiming to have had sex with a young woman named Renate. He also lied when he said that he only drank after reaching the age of 18, the legal drinking age in Maryland. (At the time, the legal drinking age in Maryland was 21.)

Even more preposterous is his claim that he never drank in excess – in high school or at Yale – a claim that has since been exposed as a lie by two of his Yale roommates. Others who were at Yale at the time have also stated that Kavanaugh was a frequent drunk. And at least one has stated that Kavanaugh often became vulgar, belligerent and violent when drunk.

While I am no one to criticize teenage drinking and drinking to excess. I drank a lot when I was home from college during the summers. I also said some highly controversial things that I now regret. But I would not lie about my actions, not even in a job interview. But Kavanaugh did. He could not allow himself to appear human. A fact that became crystal clear when he turned his back on Fred Guttenberg’s outreached hand.

Given his inability to tell the truth and to admit that he was no angel as a school boy, as a college student or as a Republican operative, how are we to believe that he is telling the truth when he claims his innocence in the face of accusations of sexual assaults? The clear answer is that we can’t. We don’t need to wait for an FBI investigation to know that he is unsuited to be a Supreme Court justice.

Seriously, is this the kind of person we want to be given a lifetime seat on the highest court in the land? A person of questionable character? A spoiled brat who abused his wealth and position? A man who all too closely resembles the lying pussygrabber who nominated him?

Of course, those who are opposed to abortion will continue to support him in the hope that he will be the deciding vote to overturn Roe v. Wade. But what about all of the other cases that reach the Supreme Court? What about the appearance of fairness? What about the integrity of the court itself? We ask Supreme Court justices to be impartial, to seek the truth, and to weigh cases solely on the facts. If we can’t trust Kavanaugh to tell the truth about his past, why on Earth would we allow him to sit in judgment of others?

Republicans, Do You Ever Listen To Yourselves?

You blame Democrats for playing partisan politics with the Brett Kavanaugh nomination to the US Supreme Court while withholding mountains of documents from his time as a political operative, including the lengthy period he was investigating President Bill Clinton. You “plow” forward with the judiciary committee hearing while refusing to ask the FBI to investigate credible claims that Kavanaugh may be guilty of sexual assault. You schedule a vote for his confirmation the day after one of his alleged victims was set to testify before listening to her testimony. You say the process must not be delayed even though you left a Supreme Court seat vacant for more than a year, refusing to even schedule a hearing.

And then you voice outrage over politicization of the process? Really? Are you unable to hear the hypocrisy in that?

When pressed, you claim your actions are justified by the failed nomination of Robert Bork. However, you refuse to acknowledge that Bork promised to roll back civil rights gains if seated on the Court and that he had participated in the Watergate cover-up by firing Independent Special Prosecutor Archibald Cox on Nixon’s orders. And I’ll remind you that Democrats weren’t the only Senators who voted to deny Bork a seat on the Court. Six Republican Senators did, as well.

Despite extolling your religious and family values, you engage in victim shaming, saying that Dr. Blasey Ford must be lying since she came forward 36 years after she was nearly raped. Some of you excuse Kavanaugh’s alleged behavior claiming that “boys will be boys” and that “all teenage boys engage in groping and sexual assault.” Even some of your sanctimonious pastors excuse the behavior saying that it wasn’t sexual assault if he stopped short of rape or if she was unable to scream!

Do you not hear how cruel and obnoxious such statements sound? And your outrageous statements surrounding the Senate confirmation are just scratching the surface of your hypocrisy.

Let’s look at your leader. You howl about our government being controlled by the East and West Coast elites, yet you chose to vote for a billionaire from New York who inherited millions. You talk of “draining the swamp.” To do that, you voted for a man who has long-time mob ties and who has bullied the individuals and small businesses who worked for his organization, often refusing to pay them for their work. Moreover, once in office, he filled his cabinet posts with people who have used their positions to fill their own pockets and to offer sweetheart deals to lobbyists.

You angrily protested and threatened President Obama when he signed a stimulus bill to drag the economy out of a ditch – a ditch you created. You screamed that the resulting deficits and the growing national debt were going to ruin our country. But you’re now perfectly okay with the much larger deficits caused by your party’s trillion-dollar gift to the wealthy and corporations in the form of tax cuts.

You claim yours is the party of family values, yet you voted for a man who is thrice married and has bragged about his sexual assaults and perversions. A man who cheated on his wife with a porn star. A man who carried on a near year-long extramarital affair with a Playboy playmate. Worse, his long-time “fixer” pleaded guilty to writing checks on his behalf to cover it up.

You say you want to restore the US as a Christian nation (something prohibited by the Constitution), yet you follow a president who spends his Sundays playing golf at his own resorts so he can charge the government for the rooms and golf carts needed for his Secret Service protection. He couldn’t cite a verse from the Bible if it wasn’t on his teleprompter or scrawled on a note. Even then he’d probably screw it up. You claim that your president was sent by God to save America. Really? Who knew that God so loved pussy-grabbing misogynists and racists?

You blame immigrants for all of your problems. Yet your president hires immigrants to do the labor at his resorts, instead of hiring American citizens. What’s more, his wife is herself an immigrant who, without a green card, illegally took modeling jobs away from American citizens before marrying money. Then she engaged in the so-called chain migration you so deplore by bringing her family to the US.

You chant “freedom” while denying African-Americans, Native Americans, and LGBTQ citizens the same freedoms that you enjoy. At the same time, you refuse freedom to refugees of violence and war. You call for young Latin Americans – even those who have served in our military – to be deported from the only country they’ve ever known. And you praise your leader for ripping immigrant children from the arms of their parents and placing them in cages?

You wave the flag in an ostentatious show of patriotism and you claim to support the troops. Yet you say you hate liberals and Democrats more than the nation that interfered in our democracy. You support our enemies over our long-time, loyal allies. As for supporting the troops, you voted for a gutless man who refused to take a stand on the Vietnam War, instead claiming a deferment for bone spurs. The same man who verbally attacked a war hero who was a member of his own party and a Gold Star family who gave a valiant son in service to our nation. A man who plans to reduce funding for Veteran’s health care.

You claim to believe in the rule of law, but you ignore the growing list of guilty pleas and indictments of the president’s closest friends and campaign staff. You think the Russia investigation is a witch hunt that should be stopped. Instead, you want to conduct yet another investigation of the president’s former political opponent. In fact, you don’t even want to wait for another investigation of her imaginary crimes, as you chant “lock her up.” You look the other way after mass shootings, even after the slaughter of elementary school children, offering nothing more than “thoughts and prayers.” And you stand silent when your president equates Nazis and White Supremacists to those who nonviolently protest their hate.

You and your media pundits claim that Democrats and liberals don’t try to understand you. You claim that we don’t listen to you. I beg to differ. We’ve been listening to your anger and your hatred for the past decade and longer. I wonder if you’ve been listening to yourselves.

Why Kavanaugh Does Not Belong On The Supreme Court.

Prior to the hearings of the Senate Judiciary Committee, I was willing to keep an open mind about Brett Kavanaugh, the president’s nominee for the Supreme Court of the United State. I was willing to give him the benefit of the doubt, believing that his eventual appointment to the Court was fate accompli.

However, after watching the end of Tuesday’s hearing, I now am convinced that he doesn’t belong on the Court – any court. He shouldn’t be a judge. Not a judge for an appeals court, a district court, a county court or even a traffic court.

By refusing to accept the hand of the father of a Parkland shooting victim, or even acknowledging his existence, Kavanaugh has clearly demonstrated that he has no empathy. No compassion. No class. By refusing to agree with Sen. Feinstein’s statement that desperate women died of botched abortions or attempted self-abortions prior to Roe v. Wade, he has demonstrated that he has no understanding of history. And by writing the dissent in Heller II, a case involving Washington D.C.’s ban on semi-automatic assault weapons and high-capacity magazines, he has shown that, at best, he is indifferent toward mass shootings and the daily slaughter of men, women and children.

And by continuing to work for Ken Starr’s investigation of President Bill Clinton long after it became clear that the Clintons were not guilty of any accusations surrounding Whitewater, Kavanaugh demonstrated a high level of political partisanship.

Indeed, there is much to be worried about when reviewing Kavanaugh’s legal opinions. Not the least among them is the fact that he has stated that he disagreed with the Supreme Court decision to force the release of Nixon’s Watergate tapes. He also has an expansive view of the president’s powers.

That, of course, is particularly concerning given the fact that, based on the many indictments and guilty pleas concerning the members of the president’s 2016 election campaign staff. If confirmed to the Supreme Court, Kavanaugh may well have to rule on a case involving the president.

Finally, why should the Senate approve a nominee who has not been properly vetted? Why should the Senate even consider a nominee who has had more than 100,000 pages of his record withheld by the White House? Why should the Senate consider a nominee before having opportunity to read the 450,000 pages of his record released by the majority only hours before the first hearing? Why should Democrats accommodate the Republican majority after they blocked a Supreme Court nominee for most of a year, not even allowing that nominee to get a hearing?

More important, why should the Senate entertain any further nominees by a president who is an unindicted co-conspirator in a federal felony?