SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

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SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#1

Post by Addie » Mon Sep 03, 2018 8:11 am

WaPo
Analysis: Key players in Kavanaugh hearings

WASHINGTON • Supreme Court nomination hearings are ostensibly one of the few moments when senators set aside politics and review a president’s pick for one of the most consequential jobs in the land on his or her merits.

But that is not the case here. The Senate’s hearings for Judge Brett Kavanaugh start Tuesday, in a hyperpartisan political moment, just two months before congressional elections and two years before another election for president.

In other words, it’s a safe assumption that most everyone in that room will be driven by their own political narratives. Aides on both sides of the aisle say to expect fireworks.

So let’s break down some of the big players and their motives to understand what to expect in the hearings.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#2

Post by Addie » Mon Sep 03, 2018 8:15 am

The Guardian
Kavanaugh supreme court nomination not 'normal', says Senate Democrat

The supreme court nomination of Brett Kavanaugh has not been “normal”, a Democrat on the Senate judiciary committee said on Sunday, because the Trump administration is withholding more than 100,000 pages of records concerning the judge’s time as an aide in the White House of George W Bush.

The Trump administration is citing presidential privilege, ahead of confirmation hearings that begin on Tuesday.

“It’s not normal,” Senator Amy Klobuchar of Minnesota told NBC’s Meet the Press, “because we are not able to see 100,000 documents because the administration has said we can’t see them, exerting their executive power.”

She also said there were “148,000 documents that I’ve seen that you cannot see because they will not allow us to make them public so I can’t even tell you about them right now on this show”.

The Senate judiciary committee was notified of the decision to withhold documents on Friday. According to a letter obtained by the Associated Press, George W Bush’s attorney, Bill Burck, said the work of compiling documents on Kavanaugh was essentially complete. ...

If successful, Kavanaugh’s nomination will tip the nine-member court firmly to the right. The prospect has alarmed liberals but Democratic senators have few options to block it. Klobuchar told NBC she would like to see the 60-vote threshold for supreme court nominees restored, but doubted it would be. Republicans require a simple majority in a chamber they hold by 51-49.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#3

Post by Addie » Mon Sep 03, 2018 8:19 am

WaPo
Democrats’ view of Kavanaugh shaped by bitter 2004 hearing

As Sen. Charles E. Schumer pondered the judicial nomination of Brett M. Kavanaugh, the New York Democrat could barely contain his anger. He viewed the choice as “among the most political in history” and could not think of another nominee “more designed to divide us.”

Schumer was not talking about President Trump’s nomination of Kavanaugh to be a Supreme Court justice. It was 2004, and Schumer helped lead the Democrats’ questioning of Kavanaugh to move from the George W. Bush White House to a federal circuit judgeship. Schumer and his Democratic colleagues cast him as an extreme conservative and were so effective that they blocked Kavanaugh’s nomination for three years.

Now, however, as Kavanaugh prepares for his Tuesday confirmation hearing, Democrats are still searching for a strategy that could stop his ascension to the highest court. Schumer said in an interview that his concerns from 2004 “are still the case” and have only grown as a result of Kavanaugh’s judicial rulings for 12 years.

“He has a very nice smile, but an inch below the surface, he is a hard-right warrior,” Schumer said in an interview.

Then, as now, Kavanaugh symbolizes to Democrats how partisanship has overwhelmed the process for judicial nominations. Trump’s selection of him to fill the seat vacated by Justice Anthony M. Kennedy, for whom Kavanaugh once served as a clerk, underscores a long-standing Republican goal to infuse the federal courts with judges who will strictly interpret the Constitution and seal the high court’s conservative direction on issues such as abortion and regulations.
Adding:
The Guardian: 'The stakes are astronomical': Brett Kavanaugh supreme court hearing will be a battle royale
Bloomberg: Democrats Aim to Derail Kavanaugh With Eye on Abortion, Mueller
Fortune: Democrats Denounce Trump Administration Decision to Withhold 100,000 Pages of Brett Kavanaugh's Records
Vanity Fair: Schumer Calls Withholding of Kavanaugh Documents “Friday Night Document Massacre”

The senator said the document exemption “has all the makings of a cover-up.”


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#4

Post by Addie » Tue Sep 04, 2018 9:53 am

C-Span
September 04, 2018

Supreme Court Nominee Brett Kavanaugh Confirmation Hearing, Day 1 The Senate Judiciary Committee begins a confirmation hearing for Judge Brett Kavanaugh to serve as an associate justice on the United States Supreme Court. The hearing is expected to last three to four days, beginning with opening statements.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#5

Post by Tiredretiredlawyer » Tue Sep 04, 2018 9:56 am

:cantlook: This sends my anxiety levels sky high. I have to detach and let others do their activism on this although I have called my senators (John Boozman and Tom Cotton :bigvomit: ).


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#6

Post by Dolly » Tue Sep 04, 2018 10:09 am

Dems interrupt Kavanaugh hearing, asking that it be adjourned

Democrats made an unsuccessful bid to adjourn Brett Kavanaugh's Senate hearing on Tuesday, arguing they hadn't had time to review more than 42,000 documents handed over to the committee on Monday.

Democrats began interrupting the committee chairman almost as soon as he started trying to give his opening statement on the first day of the Supreme Court nominee's confirmation hearings.

Democrats, one after one, interrupted Sen. Charles Grassley (R-Iowa) to lambast the committee's process on handling Kavanaugh's documents and urged the chairman to adjourn the hearing until they had time to review the new paperwork.

Grassley fired back at Democrats, saying there was "no reason" to delay.

Democrats were aided by protestors in the hearing audience who continued to interrupt Grassley as he tried to move forward or respond to Democrats. <SNIP>
http://thehill.com/homenews/senate/4048 ... -adjourned


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#7

Post by Turtle » Tue Sep 04, 2018 10:33 am




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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#8

Post by Kendra » Tue Sep 04, 2018 10:47 am

Thanks for the updates. I am unable to watch, so I appreciate these nuggets.



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#9

Post by Addie » Tue Sep 04, 2018 10:50 am

Protesters being escorted out by Cap Police.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#10

Post by Dolly » Tue Sep 04, 2018 10:55 am

22 protesters arrested during Kavanaugh hearing

Twenty-two people were arrested Tuesday morning after they protested Supreme Court nominee Brett Kavanaugh's confirmation hearing, U.S. Capitol Police said.

Protesters could be heard urging senators on the Senate Judiciary Committee to vote against Kavanaugh's confirmation and to adjourn Tuesday’s hearing.
<snipped two tweets with videos of protests>

Those arrested Tuesday were charged with disorderly conduct, according to a Capitol Police spokeswoman, who said that an update would be provided at the end of the day. <SNIP>
http://thehill.com/blogs/blog-briefing- ... gh-hearing


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#11

Post by Dr. Kenneth Noisewater » Tue Sep 04, 2018 11:47 am

Apparently according to John Cornyn marrying someone from Texas makes you a good judge.



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#12

Post by Addie » Tue Sep 04, 2018 12:14 pm

WaPo - Jennifer Rubin
Support for Republicans and for Kavanaugh crumbles ...

The most consequential part of the data might be the response to the nomination of Judge Brett Kavanaugh. Only 38 percent think the Senate should confirm; 39 percent do not. (Among independents, 35 percent say confirm, 37 percent say don’t confirm.) Only 29 percent of women want him confirmed. College-educated whites are narrowly divided (41 percent for, 42 percent against). Regionally, Kavanaugh’s confirmation gets strong thumbs down in the Northeast (33/43 percent) and the West (33/46) — which should be of note to the GOP pro-choice senator from Maine (Susan Collins) and from Alaska (Lisa Murkowski).

No Supreme Court nominee has received such an awful response since Harriet Miers and Robert Bork, whose nominations both failed. Americans want Kavanaugh to let them know where he stands on abortion (59 percent to 31 percent). Twenty-one percent want the Supreme Court to make abortions easier to get, 45 percent want to keep the status quo, and 30 percent want to make it harder. Among independents, 49 percent want the status quo, 23 percent want it to be easier, and 25 percent say harder.

What do the rotten poll numbers for Kavanaugh mean in practice? For one thing, red-state Democrats will be less hesitant to vote against his confirmation, while possibly persuadable pro-choice senators might have second and third thoughts about confirming him — or at least slowing down the runaway train until more of his documents are released or he gives a definitive answer on abortion.

Moreover, given the public’s strong support for Kavanaugh to reveal his views on abortion, Democrats might very well want to stress that Kavanaugh’s phraseology that Roe v. Wade is “settled” law is meaningless and that since he was chosen by people who had every reason to believe he will reverse Roe, the American people should be let in on the secret as well.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#13

Post by TexasFilly » Tue Sep 04, 2018 12:16 pm

This is interesting theater, but its akin to watching the second half of a football game when your team is down 63-0 at the half.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#14

Post by Addie » Tue Sep 04, 2018 12:29 pm

Sheldon WH is kicking ass.

Adding:

Whitehouse.senate.gov
The Roberts Five: Siding with Conservative Amici Curiae 92% of the Time

An examination of the Roberts Court’s 5-4 decisions reveals that, when the Roberts Five (Chief Justice Roberts, Justice Alito, Justice Kennedy, Justice Scalia/Gorsuch, and Justice Thomas) forms the Court’s majority, they agree with conservative amici curiae (“friends of the court”) 92% of the time. Further, in these cases, the Roberts Five has aligned with the positions advanced by the high-profile conservative groups the Chamber of Commerce, the Criminal Justice Legal Foundation, and the Washington Legal Foundation 100% of the time. In its 5-4 decisions, the Roberts Five have opened up the doors for dark money to flood the political system, rolled back important voting rights and environmental protections, and made it easier for employers to discriminate against their employees.

Methodology

All 5-4 and 4-3 cases during the Roberts Court era were identified, with special attention paid to those decisions in which the Roberts Five (Chief Justice Roberts, Justice Alito, Justice Kennedy, Justice Scalia/Gorsuch, and Justice Thomas) formed the Court’s majority.

More than 2,500 amicus curiae briefs were filed in the Roberts Court’s 5 -4 and 4-3 decisions.

The Court’s opinions and the amicus curiae briefs were coded according to their ideological direction based on a well-established methodology in the social scientific study of the law.

The Roberts five supported amici curiae advocating for conservative positions 92% of the time, compared to only 7% of the time for amici curiae advocating for liberal positions.

In cases where they formed the majority, the Roberts Five agreed with the positions advanced in the amicus curiae briefs filed by the United States Chamber of Commerce, Washington Legal Foundation, and Criminal Justice Legal Foundation 100% of the time.


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#15

Post by verbalobe » Tue Sep 04, 2018 12:32 pm

TexasFilly wrote:
Tue Sep 04, 2018 12:16 pm
This is interesting theater, but its akin to watching the second half of a football game when your team is down 63-0 at the half.
:crying:



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#16

Post by listeme » Tue Sep 04, 2018 12:38 pm

TexasFilly wrote:
Tue Sep 04, 2018 12:16 pm
This is interesting theater, but its akin to watching the second half of a football game when your team is down 63-0 at the half.
And if the democrats didn't protest and fight, they'd be accused of rolling over.

It's important theater :mrgreen:


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#17

Post by Addie » Tue Sep 04, 2018 12:40 pm

Roll Call: Kavanaugh Hearing Erupts in Chaos as Dems Demand Documents
New York Mag: Everything That’s Happened During the Chaotic First Day of Brett Kavanaugh’s Confirmation Hearings
Think Progress: Democrats showed a spine in Kavanaugh’s hearing, and Republicans freaked out


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#18

Post by Princess foofypants » Tue Sep 04, 2018 2:06 pm

Did quite the double take this morning when I checked into the hearing and saw one of my co-workers in the front row of spectators. Apparently he and Kavanaugh have been best buds since high school. Kind of surreal.



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#19

Post by Kendra » Tue Sep 04, 2018 2:13 pm


Fred Guttenberg, the father of Jamie Guttenberg who was killed in the shooting in Parkland, Fla., left, tries to shake hands with @realDonaldTrump's Supreme Court nom., Brett Kavanaugh, right, during a lunch break. Kavanaugh did not shake his hand. (AP Photo/Andrew Harnik) @ap



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#20

Post by Dr. Kenneth Noisewater » Tue Sep 04, 2018 3:07 pm

DmRPMoGV4AAvUMm.jpg
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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#21

Post by AndyinPA » Tue Sep 04, 2018 5:42 pm

As usual, I just can't watch this kind of thing. I check out the computer once in a while for updates, but that's about all I can take. I guess it will be the only topic on MSNBC tonight, which means I'll probably be watching less of it, too.

Today's Supreme Court is way out of step with what the people want, part of the reason he's so unpopular with so many groups. That's what happens when a party gets ideologues on the bench instead of sound jurists with appropriate credentials. The republicans have been doing that for at least 40 years.



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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#22

Post by tek » Tue Sep 04, 2018 5:51 pm

I am getting pretty f'in tired of the pro-Kavanaugh ads on teevee..


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#23

Post by Whatever4 » Tue Sep 04, 2018 7:56 pm

tek wrote:
Tue Sep 04, 2018 5:51 pm
I am getting pretty f'in tired of the pro-Kavanaugh ads on teevee..
Haven’t seen any. This is Maine, all the Kavanaugh ads are anti and directed to Susan Collins


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#24

Post by Addie » Tue Sep 04, 2018 8:20 pm

Law & Crime
Why Three Experts Say Kavanaugh's Confirmation Hearings Must Stop Now

Harvard Law Professor Laurence Tribe, former federal circuit court judge Timothy K. Lewis, and Obama ethics attorney Norman Eisen on Tuesday issued a paper through the Brookings Institute, arguing that Brett Kavanaugh, President Donald Trump‘s Supreme Court pick, should back down from any case which involves Trump.

The paper, issued just as Kavanaugh’s confirmation hearing before the Senate Judiciary Committee began, carries an urgent call to action. The three men argue for what amounts to a two-fold rationale for shutting down the confirmation hearings.
[W]e believe the Constitution instructs that a judge nominated to the Court in the situation that currently confronts Judge Kavanaugh recuse himself from the full swath of cases presenting the issues of personal presidential liability . . . and that precedent demands he do so now, as other nominees have done under far less compelling circumstances. The confirmation hearings should therefore be halted so these issues can be explored and proper recusals agreed to after due deliberation, including full production of the judge’s documents so his views can be thoroughly probed.
Tribe, et al., argue that three cases Caperton v. A.T. Massey Coal Co., Williams v. Pennsylvania, and Williams-Yulee v. Florida Bar together require judges to step aside in one of two scenarios: (1) if there is a “serious risk of actual bias,” or (2) if an “independent and compelling government-wide interest in protecting against the appearance of bias” exists.

Here they argue that the appearance of bias exists, and that “protecting the public faith in the judicial system as a cornerstone of the legal process as a whole and as a guardian of the rule of law” requires Kavanaugh to back down.
Brookings.edu: Unresolved recusal issues require a pause in the Kavanaugh hearings

Laurence H. Tribe, Hon. Timothy K. Lewis, and Norman Eisen


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Re: SCOTUS: Kavanaugh Nomination Hearings, September 4 2018

#25

Post by Kendra » Tue Sep 04, 2018 8:31 pm

tek wrote:
Tue Sep 04, 2018 5:51 pm
I am getting pretty f'in tired of the pro-Kavanaugh ads on teevee..
Watching AC 360 right now, first time I've seen one of these ads. Who is paying for them?



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