Tag: SCOTUS

Republicans call Christine Blasey Ford’s bluff

What started out as an 11th hour hail mary attempt by Democrats to get a delaying investigation has now blown up in their faces.  Democrats have been looking for anything it takes to delay the Kavanaugh nomination long enough to make it a 2018 election issue.  Democrats desperately need something to drive their voters to the polls in key Senate races across the country.

But what Democrats didn’t bargain for is Republicans challenging Christine Blasey Ford and Brett Kavanaugh to testify, and both of them agreeing.  When the Democrats turned an anonymous letter about an alleged assault from 35 years ago over to the FBI, they were hoping for an investigation, smear, doubt, and delay.  It didn’t matter what the investigation would turn up.  Like Russian collusion, all that would matter is that it existed.  Instead we are going to have Kavanaugh, who denies even being at the party, versus a liberal Democrat California professor and her infamous DNC supporting lawyer who refuse to even name other people at the party.

Christine Blasey Ford deserves to be heard.  So did Juanita Broderick, but Democrats didn’t care about that.  So we have the party of Ted Kennedy and Bill Clinton putting Ford forward as their new champion to stop Kavanaugh.  Perhaps, like Broderick, Ford will be able to find other witnesses who were at the party and willing to come forward to testify that they saw Kavanaugh there and drunk.  Perhaps, like Broderick who alleged that she was raped by Bill Clinton, Ford will have friends who can testify to what she looked like after the incident.  Perhaps she’ll have something that gives her any credibility.

Then you have the intrigue.  Christine Blasey Ford has a reason to hold a grudge against Kavanaugh aside from the fact that she’s a Trump hating liberal.  Brett Kavanaugh’s mom, also a judge, ruled against Christine Blasey Ford’s dad in a 2006 foreclosure hearing.  Suddenly the metamorphosis of her story from a suppressed memory about a drunken pool party with an attack by four unnamed boys to Kavanaugh drunk at a pool party attacking her with a friend seems even more suspicious.

When she swears an oath and testifies before Congress and they ask her questions like “where was the house” and “what were the names of the other people there” and this thing comes apart, Democrats should face severe consequences.  Already, rather than people coming forward and saying they remember that party, we have 65 women who knew Kavanaugh in high school saying he was honorable and would never have done this.  You would think someone other than Christine Blasey Ford would have remembered Kavanaugh being at that party by now and would have come forward. For Ford herself, she can’t remember where the house was, whose house it was, and how she got there or how she got home.

What we have is a liberal professor with a shifting story that cannot be proven or disproven from 35 years ago about to take the stand and try to convince us that Kavanaugh was a drunk rapist as a teenager.  She has reason to hate Kavanaugh both politically and personally.  The whole story was so implausible that Democrats didn’t even use it until the very last minute as a delay/doubt tactic.  Now this exhibit at the circus is going to be nationally televised.

In a fair world, Democrats would suffer election losses over this circus.  But many Democrats live in the world of Dan Rather, where if they hate someone enough they will know in their hearts any accusation against that person is true.  Or perhaps the world of Harry Reid who acknowledged that he will lie to advance the liberal agenda after falsely claiming that Mitt Romney’s tax returns were fraudulent.  We’ve seen Spartacus at this circus; Corey Booker trying to turn himself into a martyr and hilariously failing.  And of course, the phony Native American Elizabeth Warren trying to fundraise off of the Christine Blasey Ford accusation.

On Monday, the chips are on the table.  Ford will face a lot of questions about her parents’ foreclosure, about where this pool party took place, about who else was there, about why she waited 35 years.  Then we’ll all realize there is no semen stained dress.  There are no tapes.  There are no party going witnesses.  She wasn’t a campaign volunteer who allowed Kavanaugh into her room cause she just wanted to meet him.  She wasn’t a former lover, masseuse, or co-worker in the car.  She’s a hostile operative from the opposing party with plenty of reasons to make it all up and nothing so far to lend her credibility.

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Think like a judge

When the Kavanaugh nomination process began, everyone knew it would end with him being confirmed.  Harry Reid triggered the “nuclear option”, and with that Supreme Court justice nominations became a guarantee for the party that controls the Senate.  Reid’s gamble was that Republicans had become obsolete and wouldn’t have the opportunity to use the nuclear option themselves.  Or maybe that they simply wouldn’t.  After all, when it comes to judicial confirmation hearings, Republicans have a history of being more honorable than their Democrat counterparts.  See Ted Kennedy versus Robert Bork.

Republicans had a gamble of their own with Merrick Garland.  Garland was the best qualified and most conservative judge Obama was going to select.  He certainly passed the Democrat litmus tests on abortion and anti-gun rights.  But even as an Obama appointee, there was nothing to disqualify him.  Republicans gambled that the voters might have something to say about Scalia being replaced with an Obama appointee.  Indeed they did.

With Kavanaugh, it’s not an election year.  The nuclear option is on the table and will be used.  Democrats can’t stop this.  They can only make a decision whether to be honorable and uphold Senate decorum and tradition, or to come out in a crazy circus to disrupt, delay, and turn the entire confirmation hearing into a joke.  They chose the latter.

We’ve already noted the antics of Corey Booker and Kamala Harris.  Harris pretended she had some sort of damning information about Kavanaugh’s interference in the Mueller investigation.  But when pressed, it turned out she was lying.  She had nothing.  Booker’s attempt was even more pathetic.  In a grandstanding moment for the history books, Booker announced he was going to violate Senate rules and get himself expelled in order to release emails the GOP was supposedly hiding.  But his mission was a bust.  The emails had already been cleared to be released.  On top of that, rather than damning information, the emails showed that Kavanaugh opposes racism and is concerned primarily with accuracy.  Booker’s attempt, at best, was to delay hearings by creating a side show where Republicans stopped everything to kick him off the committee.  But crucifying oneself with no help is pretty hard.

Then of course you had the paid off protesters.  Set to go off one every couple minutes with shrieks and antics until they were arrested.  In all, Democrats created a pretty good precedent and roadmap for every future nomination process.  Clowns to the left, jokers to the right.  But in the end, their antics did nothing more than establish the character of the radicals on the Left.

With all else lost, Democrats tried to turn the Kavanaugh nomination into a campaign rallying cry.  It goes something like this: Kavanaugh is going to single handedly reverse Roe v Wade, and next time you want birth control you’re going to have to go into a dark alley with a clothes hanger.  Where did they get this?  Kavanaugh ruled on Priests for Life v. The United States Department of Health and Human Services.  According to the state, Priests for Life had to provide birth control to their employees.  Priests for Life, as you can imagine, believed this would violate their religious principles.

As a result, leftist groups and media outlets have characterized Kavanaugh as believing birth control causes abortions and willing to rule that birth control should be illegal.  Both of these characterizations are patently false.  But to understand this, you have to think like a judge, not a politician.

Judge Kavanaugh is not a doctor.  He’s not a priest, a scientist, or employer.  He’s a judge.  His job is to listen to arguments and make a decision based on applicable law.  In Priests for Life v The United States, the Department of Health and Human services had to successfully argue that the right of an employee to have their employer buy their birth control for them superseded the right of members of the clergy to act upon their deeply held religious beliefs.  Priests for Life was not prohibiting their employees from purchasing their own birth control.  They weren’t prohibiting employees from buying supplemental insurance to cover birth control.  They simply were not buying birth control or insurance that covers birth control for their employees.

Additionally, birth control is and supplemental insurance are not cost prohibitive.  It’s not like birth control is $10,000 a month and the only way to access it is through an employer sponsored plan.  Any woman or man can use the wages from their employer to purchase birth control if that is something they choose to buy.  The government can’t force employers to make purchasing decisions for their employees when being forced to make that purchase violates the employer’s constitutional rights.

Priests for Life v the United States was not a decision about Kavanaugh’s opinion on birth control.  It wasn’t a scientific statement about birth control.  It wasn’t a decision that employers could force employees to not buy birth control.  When the state and the Priests made their arguments, the Priests successfully showed that being forced to neglect their religious views to make purchasing decisions for their employees was a greater burden than an employee having to use $9 from their monthly wages to go to Wal Mart and pick up their birth control.

In the future, someone may be able to successfully argue that Priests for Life is in the wrong if they, say, put “thou shalt not purchase birth control with the wages we pay you” in their employee handbook.  That could be a violation of the employee’s right to privacy.  Although, in the past employees have been legally fired for violating codes of conduct and they have been restored to their jobs by the courts when violating codes of conduct for religious reasons.  These are precedents the court has to weigh.

Democrats insisting that Kavanaugh is anti-birth control or thinks birth control causes abortions are doing nothing more than fear mongering.  Kavanaugh was presented with both sides of an argument and ruled in favor of the first amendment over an overreaching government law that imposes an undue burden on religious employers.  I’m glad he did.  The Left might be glad he did too when someday a future government attempts to say employers have right to force their employees to wear a rosary.

Whether religious freedom is important to Judge Kavanaugh or not is also irrelevant.  It is in the Constitution, and that is what he as a judge must take into account.  We have three branches of government and methods to amend the Constitution.  If the American people want the first amendment gone, the courts is the wrong branch of government to get that accomplished.

Democrats show how low they’ll go with coordinated Kavanaugh protests

Less than 10 seconds into the Kavanaugh hearing, Senator Chuck Grassley was being interrupted by Democrat Senator Kamala Harris.  When she stopped talking her colleagues started, and one right after another they interrupted the Kavanaugh hearing like clockwork.  Then came the screams and rants from wild audience members.  Members of the audience screeched preplanned chants and interrupted at key moments, even earning the ire of Democrat Senator Pat Leahy at one point.  It turns out they were scripted too.

Over the weekend, Sen. Schumer and Sen. Durbin hosted a conference call where they coordinated circus like protests from activists.  As the cops dragged one protester out, another one as if on cue would start ranting and raving.  Dozens were arrested for the interruptions and refusing to leave.  At one point Kavanaugh’s daughters were ushered out as the protesters became more radical and insane in their disruptions.

Kavanaugh is going to be confirmed.  The question is how low Democrats will sink in the mud to express their disapproval.

Kavanaugh confirmation hearing disrupted by coordinated protests

Carl Bernstein and Bob Woodward are once again forming a one two punch in journalism, but their claims have drawn intense criticism.  Bernstein was caught last week lying about his sources when he reported that Trump’s former lawyer Michael Cohen had dirt on Trump.  It turned out, Bernstein’s secret source was Lanny Davis, who later denied that Cohen had any info.  Bernstein also lied about reaching out to Davis for comment.

Woodward is being rebuffed by several people quoted in his book, including chief of staff John Kelly.  Others have denied purported quotes by Trump about Jeff Sessions among other things.  Trump was not interviewed for the book.

Bernstein & Woodward go after another President

Evidence has now come out that DOJ employee Bruce Ohr and dossier author Christopher Steele worked together to try to get Russian oligarchs to implicate Trump in Russian collusion.  Ohr’s relationship with Steele has been under the microscope because Ohr continued to funnel information from Steele to the FBI even after the FBI fired Steele.  Texts between the two seems to indicate that they had a system down for funneling fake info about Trump to the FBI to keep FISA warrants active.

The new revelation could show not just sloppy and suspect intel gathering practices, but direct obstruction of justice.  Ohr’s wife worked for Fusion GPS during this time as well.  The question investigators will have to figure out is if the team of Ohr and Steele thought these oligarchs colluded with Trump or if they were just trying to create that dirt to influence the election.  The more the idea of Trump Russian collusion slips away, the more the latter seems likely.

DOJ’s Bruce Ohr worked with Chris Steele to try to get Russian oligarchs to substantiate Russian Trump collusion

Need to Know 7/26/18

There’s a double standard in how the media is treating Democrats versus how they treat Republicans.  I know, you’re in shock.  The latest example is Georgia candidate Stacey Abrams.  In Time Magazine’s “The South is Still Racist” edition, Abrams is pictured as the next rising star of the Democrat party; if only Georgians can overcome their racism and vote for her.  One thing that I found interesting was the coverage of her debt situation.  Abrams is $220,000 in debt.  It’s not mortgage debt.  Abrams owes the IRS about $50,000 and has student loan and credit card debt of about $170,000.  CNN Money excuses this as something everyone has.  In fact, her debt troubles prove she’s a charitable person and helped her develop her economic plans.

Contrast this with Trump’s Supreme Court pick, Brett Kavanaugh.  Financial disclosures revealed that at one point he had over $60,000 in debt, maybe even as high as $200,000.  He has since paid it off.  CNBC’s article on his debt, which some have suggested disqualifies him from the Supreme Court, said “Don’t be like Brett”.  They chided him for how much money he wasted on interest payments.  Of course, Supreme Court justices don’t control state budgets.  Governors do.

MSM: Everyone has debt, just like Democrat Stacey Abrams.  It’s OK!

Also MSM: Don’t rack up debt like Supreme Court nominee Brett Kavanaugh.

The war between Trump and CNN is heating up again.  After CNN aired secret taped conversations between Trump and his attorney, Trump banned a CNN reporter from covering White House events for the day.  Trump’s attorney Michael Cohen is now working with former Clinton attorney Lanny Davis.  Davis provided the secret tapes to CNN and CNN aired them.  The banned reporter tried to ask about the recordings and refused to leave after the press conference was over.  CNN was not banned, but that specific reporter who refused to leave was.

Trump bans CNN reporter after CNN airs secret conversations

Speaking of the Cohen tapes: Clinton lawyer Lanny Davis has promised there are more tapes to come.  But none of them feature Trump.  The Trump legal team made the decision to waive any sort of right to block the release of the tapes because Trump is only in the ones that have already been aired and no crimes were committed by Trump.  Sure, it’s embarrassing to Trump to have tapes out there discussing his private, immoral sex life.  But Trump isn’t going to make the mistake of covering it up, or worse, lying under oath about it.  That was it; it’s all out in the open.  The media may milk it for another week or two, but viewers will be as disappointed as they were when Rachel Maddow found and way over-hyped a page of Trump’s New York income tax return.  The Cohen tapes were a flash in the pan.

Cohen tapes turn out to be a whole lot of nothing for Trump

No MAGA Allowed

Never mind making a cake. You can refuse to serve someone simply because you don’t like their politics according to a judge in New York. There are two differences between this and the cake ruling just handed down by the Supreme Court.  The first is that wearing a MAGA hat doesn’t make you constitutionally protected.  Yeah, I know, free speech.  That’s not what they argued.  They said Make America Great Again was a religious expression.  I didn’t really buy that either.
The other difference is that the bar wasn’t asked to serve him a specialty drink celebrating his politics.  In other words, it’s not like he walked in and asked the bar to make him a MAGA Mai Tai*.  He was refused general services based on his politics.
Actually, this is a victory for the freedom of business owners. The judge’s interpretation is that since he wasn’t kicked out specifically for his religious views (or any other civil rights protected status), it was A-OK. So you could refuse to serve someone for being a liberal, for wearing saggy pants, or many other reasons.  You could kick out anyone who wears a suit and tie on Sunday morning and say it was how they dressed, not their religion.
In Chicago, if you happen to be one of the handful of conservatives left, you could even refuse to serve blacks just with the basic assumption that they are all voting Democrat. The DNC assumes that, it’d be reasonable for you to as well. Of course, everyone has conveniently forgotten that back in the day it WAS the Democrats who refused to serve blacks.
Freedom not to serve people is also a victory for consumers. After all, if someone hates you because of how you look, what you wear, or who you vote for, why would you want to give them money? If I’m about to walk into an establishment and buy their stuff, I actually wouldn’t mind if they met me with a sign that says “don’t pay me, I hate you”. Or as Trump haters put it, “I love everyone except for you”. Sounds more warm and fuzzy when they put it that way.
*MAGA Mai Tai – Regular Mai Tai served in a whiskey glass so you get the fruity goodness but still look macho drinking it. No umbrellas.