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The Nomination of Judge Kavanaugh to the SCOTUS

Updated on May 1, 2020
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Jack is a volunteer at the CCNY Archives. Before retiring, he worked at IBM for over 28 years. His articles have over 120,000 views.

Introduction

The recent nomination and final confirmation of Brett Kavanauh to the Supreme Court was an abnormal process to say the least. This has long term implications on future events. Let me recap what happened and what to expect going forward.

- Oct. 6, 2018

Updated - Oct. 9, 2018

Updated - Sept. 17, 2019

Updated - May 1, 2020

Background

My commentary here is on a wider scope. It focused on this one nomination but it is really about much more. It is about the survival of our system of government, our rule of law and our Constitutional republic.

Our country is divided and probably was divided every since Bush vs. Gore in the 2000 election. We have had two administrations of Bush for 8 years and Obama for 8 years. These were diatomic opposites. The American people voted and wanted to give each side a chance to rule. In 2016, the people voted again. This time they voted Trump as a rebellion against the status quo, the washington inside establishment, the dysfuctional Congress.

I always said our elected official is a result of history. What do I mean by that?

It was the impeachment of Bill Clinton that lead to the election of GW Bush. It was the failure of Bush’s Iraq war that lead to the election of a new comer named Barack Obama. It was the failures of the progressive agenda of Obama that lead to the election of Trump. History was made in each of these administrations.

Why The Senate is Dysfuctional

This past few weeks, it was front and center for the American people to witness what is going on in the hall of Congress. In specific, in a Senate judiciary hearing. It has demonstrated for me why our government is dysfunctional. They can’t seem to do the basics what they were elected to do. Remember, these are the top 100 people in our nation with many years of experience. Their job in this case is to offer “advice and consent” on a high court nomination.

The final vote was 50-48 to confirm judge Kavanaugh. After a one hour speech given by Senator Susan Collins. As passionate and persuasive as she was, it was a total waste of our nation’s time. Why do I say that?

It is in the job description of these 100 senators. That is what they are elected to do. They are paid to make these tough decisions. It was a waste of our time for the past 3 weeks. The delay tactics used by the democrats did not work and did not change one final vote. Those that were against Kavanaugh from day one still voted against him. They had all the chance to ask questions and they did very little to ask the “right” questions. Instead, they smeared his reputation in front of national TV and his family and his two young kids.

With all due respect to Senator Collins, we don’t need you to tell us how you will vote. If every senator were to do so for evey vote they cast, they would not be able to accomplish very much.

Washington DC is broken. It is not working as it was intended by our founding fathers and our Constitution. What bothers me is these are the very people that should know better. Do we have so little qualified people that we elected these people to govern us? How sad is that?

The Job of the Senate

One of the Constitutional duties of the Senate Body is advice and consent in the appointment of the Supreme court justices.

In the United States, "advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, United States Attorneys, and ambassadors.

It is not their job to investigate events that happened 36 years ago. What relevance does that have with the ability of the nominee to do their job? In the worst case scenario, if Dr. Ford had reported this incident when it happened, and suppose young Kavanaugh had done what she claimed during a drinking party, the case would have been adjudicated and the case would have been sealed. They were both teenagers. We have these rules to protect youthful indiscretions. The point I am making is that events of that period should have no bearing on the qualification of Brett Kavanaugh to serve as judge today. Not one question by the Senators had any reference to his over 300 written opinions as circuit judge. How come?

Who is Brett Kavanaugh?

Before July 10, I had no idea who Brett Kavanaugh is as with most Americans. We learned about him over the three weeks of the Senate Judiciary hearings. He was top in his class at Yale law school. He is a Catholic. He is married with two young daughters. He is a volunteer coach of basketball at his daughter’s school. He volunteer at his church in soup kitchen.

He has clerked for Justice Kennedy. He served on the circuit court in DC for 12 years. He has written over 300 opinions. He is rated fully qualified by the American Bar Association.

Another word, he is one of the best conservative judge we have today.

His name appeared on Trump’s short list of potential candidates announced prior to Trump’s election to the presidency. This was no secret.

The Corruption of the Process...

The nomination process was hijacked by Senator Diane Feinstein. She withheld information from the Chairman during the three weeks of the hearing. At the eleventh hour, she or her staff leaked a secret letter from Dr. Ford. This initiated a two week circus that included delay, allegations, smear and rumors and testimonies... that included questions by Senators about a high school calendar. How insane was that?

Then, they demanded an FBI investigation into events that happened 36 years ago. What did they expect the FBI to do? They do not have a magic time machine to go back and take a video of what happened in a house full of drunken high school partiers. It was a she said he said situation.

The Game Change - “The Kavanaugh standard” ?

What is so different about this time? With the charges leveled by Dr. Ford, we have entered a new phase. One that is contrary to our system of laws and justice. The game changing standard is now you are guilty if a charge is leveled at you from a women. You have to prove your innocence even if is something that allegedly happened over 35 years ago.

Every man, every mother of sons, every wife, every daughter of fathers, should be afraid. This new standard set by democrats is just unfair and against our justice system.

If this is allowed to stand unchallenged, it will turn the whole world up side down. The rule of law is on the chopping block. If it can happen to Judge Kavanaugh, it can happen to anyone.

This is not a rebuke of the #metoo movement. In those cases, like Harvey Weinstein, Bill Cosby, Matt Lauer and Charlie Rose...there were collaboration. There were a pattern of many victims with similar stories. There were evidence and confirmation by others...

Dangerous Precedence

The danger is setting up a precedence for all future nominations. I don’t care if you are a republican or a democrat, you need to understand what is happening. Right now, the GOP is in control of all branches of government. They will not always have that power. In a few years, the Democrats could take over. It is the nature of politics.

The question for democrats is would you be comfortable with this new “standard” applied to a liberal judge being appointed by a democratic president in the future?

The “shoe on the other foot“ test. It is a good way to check our own biases. Make no mistake about it, we are all biased one way or another.

The Resistance Tactics

Let me address those who claim Republicans are using unfair tactics in this nomination process. Let me remind you what happened the last time the Democrats had power. It was in 2010 when President Obama said “elections have consequences...” Along with the House and Senate, they passed a major piece of legislation, the Affordable Care Act or better known as Obamacare, without one single GOP vote.

The GOP along with the TEA party grass root movement went ahead and won elections after elections culminating in the win of Trump in 2016.

That is the proper way to resist.

Instead, this past few weeks, we saw a different resistant movement by the left. They protested, they ambushed Senators in the hallway and elevator, they denied Senators and Congressmen eating in restaurants and they leaked private information of elected officials in hope of people getting in their face. These are similar to tactics used by the brown shirts in the 1930s Germany. These are not the behavior of a free republic standing up for our Constitution, the rule of law and due process.

Both Sides Are Equally at Fault?

Many in the middle will level the charge at both the left and the right as extreme and make the equivalence argument. I disagree. It is much worst on the left. The behavior of some is bordering on fascism. These people are not open minded. They don’t want to hear from all sides. They are against the first amendment.

In fact, I challenge you to bring forth any proof that the right does the same thing as exhibited by the left in recent days. Like shouting into faces of senators. Like protesting in front of people’s homes. Throwing people that they disagree with out of restaurants. Like public shaming and calling for more resistance. These are tactics used by the brown shirts in Nazi Germany. Again, I challenge you to find equivalency in the right or the TEA party movement.

Another indicator that the left and the right are not equal. You will not find an article like mine written by some liberal commentator.

The Anti-Trump Hysteria

Trump Derangement Syndrome, TDS is a real phenonmenon. It has been exhibited by a host of people both on the media and in Hollywood and entertainment industry. They apparently just can’t help themselves. It has been going on since 2016 and now it has infiltrated every aspect of our government. From the Mueller investigation into Rissian collusion to the nomination of a Supreme court justice.

The Average American

If you are an average American, not the politically engaged or activist, you are presented with the following.

A party who is against Trump, against his many policies, make America Great Again, against building the Wall, and against the rule of law, against fair trade...

You have to ask is this a smart move?

People vote their pocket books. “It’s the economy stupid” was the slogan of a democratic strategist during the Clinton years.

Can a party in 2018 survive by standing with a socialist, against big business, against the American worker, against tax cuts, and against the rule of law?

At the same time, supports undocumented immigrants, sanctuary cities, BLM, socialism and feminists?

The American public is not naive to think a politician tells the truth, or is pure as snow...They have separated the man from the office and his policies. They can admire a President like JFK and forgive all his flaws. They made the same decision when it came to Bill Clinton. Now, they have made the same choice when it comes to Trump.

Trump Delivered...

  • Appointed two Conservative Originalist to the Supreme Court
  • Passed major tax reform law
  • Removed two regulations for every new one added
  • Recognized Jerusalem as the Capitol of Israel
  • Decimated ISIS
  • Sat down and talked to North Korea
  • Canceled the Iran Nuclear deal
  • Renogotiated trade deal with Canada and Mexico - replaced NAFTA with USCMTA.
  • Rebuilding our military readiness
  • started building the wall on our southern border
  • DOW at all time high of 26,800

A Reaganesque Speech by Trump...

The Dishonest Main Stream Media

Our country is divided. Part of the reason is we have opposing opinions. What makes it worse is a dishonest media who tip the scale in one direction. The charge of “fake news” is just one aspect. The media has many tricks in its arsenal. They can be biased in what they choose to report or ignore. They can “spin” a story and focus on the negative. They fail to do diligence to verify their story and sources. By publishing leaks and anonymous stories, they are becoming like yellow journalism instead of main stream media.

If there is one lesson to be learned by this circus, it is the media cannot be trusted any more. They have reneged on their constitution duty to be the watchdog of our elected officials. They are participating in the destruction of a candidate they disagree with. In other words, they are playing politics with the news.

A day of reckening is coming. They do not have a monopoly any more. The people have many options. There is newspapers, TV, cable, talk radio and the internet. The people can vote with their pocket books.

Just last week, the New York Times published a front page story on Trump’s family taxes. What is the relevancy of that on President Trump? Would the NYT publish a similar story on Joseph Kennedy when JFK was president? No. Why not?

They spent one year digging into this story. Thry found no wrong doing by Donald Trump. It takes nothing away from all his accomplishments prior to bring elected President. This was a hit piece. Is that “all the news fit to print”...

In a week where Trump renegotiated a major trade deal with Canada and Mexico, the NYT was absent is reporting on the good news. One that will benefit many American workers and farmers. Instead, they chose to stroke the flame that divide us. Shame on the NYT.

72% of the People Do Not Trust the Media

A Personal Observation and Theory

Have seen the past two year play out, I have an observation and a theory as to what happened to us.

Here is what I think took place and you can take it or leave it. It is my theory.

When Trump came down that escalator and declared he was running for president, it was seen by most politically estute people that it was a joke. How can someone with his baggage, think he can just come in and run for the highest office in the land? It had never happened before. They never took him seriously. Besides, he was crude and said things with a bluntness that no politician in the past has said or done. However, Trump tapped into the anger and disgust that many people was experiencing and this was aimed at Washington. He gave those people a voice. Remember, at the time, he was running against 16 other established GOP candidates. Some were very good Senators or Governors in their own right. Yet, one by one, Trump defeated them. Meanwhile, the dishonsest media started portraying Trump as this monster. They use a piece of his message and spin it to mean something worse. The classic example is the statement he made about illegal immigrants from Mexico. The media turned his speech into one about how Trump attacked all Mexicans and made him out to be a xenophobe. This distorted message resonated with many on the Democratic side. It is as if people were getting validated by how they feel about him. If the media said so, it must be true. It is the media that was preaching to the choir. They, instead of reporting on the news, became an advocate for one party over another. After all, most are them are liberal and agree with the democratic agenda. They must stop the opposition at all cost.

After Trump was elected, in a surprise upset over Hillary Clinton, the media and the Democrats went into mourning. They just cannot believe the American people could vote for this racist, misogynists for President. A caricature of Trump created by the media. Their reporting of Trump became more negative. Over 90% of the stories on Trump was negative. They choose to ignore all the good he has done and spin some stories to be negative.

In addition, some in the media and in Hollywood were overcomed with TDS, that they went over board and even ended up being detrimental to their own careers. Brian Ross of CBS is one example.

The truth is Trump is not this caricature they created. Trump has always said he ran for president to make America first and MAGA. In any other time, and with any other candidate, this would have been a winning message. However, with Trump, the media turned this as a bad thing. They called it popularism, and nationalism and dangeous for the world. They forgot one thing. They and most of Americans are patriots and believe in America and our exceptionalism. It became a bad and unpopular position for them to take.

Here is the bottom line. Those who have bought into this lie about Trump are going down a rabbit hole and one that has no easy way back. How can one accuse Trump of being a racist and take it back later? You can’t.

Follow-Up...

Now that the debate on the nomination is over, it is important to follow up and see which side was right. Which media was correct in the assessment of this man? Which predictions will come true or not? Over the next year, I hope everyone will examine how justice Kavanaugh rule. Read his opinions and see if he is true to the Constitution. The real test of the qualification of anyone is results. Does he deliver?

I implore everyone reading this article. Don’t stop at this day. Don’t just agree or disagree with me. Let’s carry this forward one year. Let’s wait and see how judge Kavanaugh performs in office. Next year this time, 2019, we would have real evidence.

I want peope to close the loop, and have closure. They were told one thing about this guy and then the reality is something else. I want accountability. I want all those who made unsubstantiated charges on this man to come forward one year from now and see what actually happened. The one CNN commentator Jeffrey Toobin who predicted Roe vs. Wade would be repealed... I want to hear his apology for lying to the American people and his audience.

Summary

I decided to write this article because I care about the big picture. It was not just about this one nomination. It is about the survival of our democracy. If we continue down this road, there will be a civil war. It has reach a critical tipping point. It is beyond the point where people with different ideas can compromise and debate and come together for the greater good. These extremists must be defeated lock stock and barrel. We cannot allow the mob to rule. There is no compromise with them.

My hope for our nation going forward is that the common sense of everyone dictates how we proceed. We can debate and disagree and discuss problems and solutions and yet have civility. Let’s not impugn a person’s integrity for holding on their believes. Let’s be respectful of all sides but let the results rule the day.

My hope is that in a future Democratic administration, when he nominates a qualified Supreme Court justice, that the GOP would reframe from using the same tactics. I am a conservative and part of being a conservstive is to be consistent in my belief. I have no allegiance to the GOP. My allegiance is to the Constitution.

Postscript - Who is to blame for this circus?

In all political confrontations, there are winners and losers.

Here are some who I considered losers and to be blamed for most of what transpired.

  • The Biased Main Stream Media
  • The Never Trumpers
  • George Soros Funded Groups
  • Some Senators - including Diane Feinstein
  • Some House Members including Maxine Waters
  • Some America public - for falling for this charade
  • Google and social media

The winners are:

  • President Trump
  • Brett Kavanaugh
  • Conservatives
  • The Constitution
  • The America People

The Kavanaugh Effect on the Midterm Election - Oct. 16, 2018

OI decided to add a postscript to my article. It seems the effect on the mid-term off year election is gaining steam. The behavior and protests by Democrats have had a negative effect on the party. Even the polls have shown a decine of the blue wave that was predicted just prior to the Kavanaugh nomination.

I was never convinced of a blue wave especially with the current state of the economy. The people generally vote their pocket books. When times are good and jobs are plenty and rising wages and tax cuts... it seems like a no brainer. However, the anti-Trump groups are out there and helped by the main stream media, have generated significant resistence.

Here is my prediction, after many years of observation as a conservative voter in a blue state of New York. I am a small minority In this part of the country.

I predict the GOP will gain in the Senate a few seats to increase their majority. How many is questionable. In the House, I also predict the GOP will maintain their majority and either keep the same numbers or gain a few seats. These prediction are contrary to some polling results. Then again, the same polls were wrong in 2016 about Trump.

The main drivers are the booming economy and the Kavanaugh hearing debacle. The democrats have over played their hands. There is anger out there and they are focused on the unruly mob and socialists that has taken over the Democratic party. Most clear thinking Americans reject both. They want peace and law and order and they want properity at home. They also believe in fairness and the Constitution. The Democrats need to embrace these basic principles if they ever want to get back power again.

Postscript - One Year Later Sept. 2019

YIt seems some at the New York Times did not accept the results of the appointment of Justice Kavanaugh. A recent article attacking Justice Kavanaugh for sexual misconduct some 30 years ago while attending Yale was proven to be hearsay at best. This piece of yellow journalism has ruin the reputation of the Grey Lady if not destroyed already from the recent bias following the election of Trump. This has always been about Trump, who appointed Kavanaugh. Anything associated with Trump is automatically a target. Unfortunately, the NYT has exposed itself to be the biased newspaper it is. It will never be the same again. What a shame.

In the one year of Justice Kavanaugh sitting on the bench, he has conducted himself majestically. Those who had doubts are proven wrong. The abortion rights are still legal in this country...

Where is the apology Jeffrey Tobin? Why is he still employed by CNN?

Update: May 2020 The Joe Biden Sexual Harassment Accusations

As I predicted, the path the Democrats took with the Kavanaugh nomination is coming home to roost. We now have a candidate for President in the name of Joe Biden who has been accused of numerous cases of sexual misconduct over many decades. Yet, we see the double standards playing out in the media and on the part of Democratic women leaders. Apparently not all women are to be believed...when it comes to these charges against their candidates.

As a conservative, and being consistent, I think we are going down a wrong path. It should have never happened to Judge Kavanaugh and it should not happen to Biden now. Unless there is indictable charges, there is no good that can come from these events that happened years ago. It is a she said he said situation and we should not use this for political advantage.

© 2018 Jack Lee

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