There was a pro-tRump, KKK, Neo-Nazi rally here in Dahlonega yesterday, it stinks because this is one of the reasons I moved out of Banjoville.
Chester Doles, the principal organizer of Saturday’s pro-Trump rally in Dahlonega, has repeatedly described his group as patriotic and peaceful, despite his history as a violent white supremacist.
Doles has two prior felony convictions, both of which earned him stints in federal prison. Now, The Atlanta Journal-Constitution has learned that Doles was arrested on assault charges in a December 2016 melee in a Dahlonega bar that included, according to a witness report, Doles smashing a woman’s head into a wall while calling her a “stupid (expletive) white bitch.”
Doles is currently on supervised probation for that charge, conditions of which require him to “avoid persons or places of disreputable or harmful character.”
BTW, Doles is planning to run for the US Senate…as a challenge to David Purdue.
Hey, just a side comment:
Uh, that is the sheriff of Chattooga County…as posted by the Facebook page of the Georgia Alliance For Social Justice Discussion Group…That is disgusting. As you can see, the white power symbol being flashed…
It was exhilarating to get out there and yell towards the dipshit’s office…granted he wasn’t there and neither was his staff…but to be able to get the frustration out, that was marvelous.
A few tweets….
I wonder if that whole shitfuck was planned, because:
Meanwhile…what is important about this fucking article…gets buried:
A few more tweets…for some harmless fun?
And now, a funny take on Biden, no not just this ridiculous record player crap from the debate.
We are talking about the legendary story of Corn Pop. To get the full jest of the matter, I have to share this extra long Twitter thread with y’all. Take the time to read it in full.
You can also read the entire thread here: Thread by @michaelharriot: “Thread: I’m always astounded by the imaginings of white people as it relates to race. Many of them have this fictionalized jigaboo version t […]”
In relation to the story of Corn Pop…
Early in the summer, a gang that called itself the Romans frequented the pool. One of the gang members, nicknamed Corn Pop, was bouncing relentlessly on the high diving board, which was expressly against the rules. Biden, wanting to show that he “wasn’t an easy mark” whistled at Corn Pop and yelled, “Esther Williams! Get off the board, man. You’re out of here.”
Williams was a 1950s swimmer and actress best known for aquatic set pieces, and the joke was likely meant to be somewhat emasculating.
Biden wanted to call the police, but Wright stopped him. If he did that, he’d never be allowed back in the community. So Biden did as his friend suggested and wrapped a six-foot length of metal chain around his arm, which he then wrapped in a towel.
Corn Pop indeed approached Biden, who said, “You might cut me, Corn Pop, but I’m going to wrap this chain around your head before you do.”
But he also said, loudly for all to hear, “I owe you an apology. I should never have called you Esther Williams. That was wrong. And in front of all your friends, I sincerely apologize. But if you bounce on the board like that again, I’m still going to throw you out.”
The two “put our weapons away, and we ended up being friends. Corn Pop and the Romans looked out for me the rest of the summer.”
This was all news to me. How could I have missed this story of Corn Pop and the gang?
I will end with this image. I think the look on Hillary’s face says it all:
This is an open thread.
We can turn this shit around!
Hey, I know…that is a little too positive, coming from someone like me…but even I have to grasp at some rays of hope. Yesterday, on my way to practice I took a picture of the sunset. It made me think of the future, in this way:
I said a little prayer, may this setting sun be the last of “tRumpian unaccountability”…and will tomorrow’s morning sun bring hope for our democracy.
That image of Tank Girl, it is morning…she is having tea and putting on her boots…preparing herself for the day’s ass kicking. We can turn this shit around! Let’s see what comes from winning the House?
Meanwhile, in Georgia:
As of 8:45 this morning, only 75,386 votes separate Kemp and Abrams…
The Democrat Stacey Abrams, a black woman, made a valiant effort to win the governor’s race in Georgia, one of the original 13 states, whose commitment to human bondage ensured that the U.S. Constitution would treat slavery with kid gloves. A state that was part of the Confederacy. A state scorched by Union General William Tecumseh Sherman in the Civil War. A state that refused to accept the outcome of that war, treating its black residents as second-class citizens—if that—until the federal government forced its hand, a century later, with the Voting Rights Act. She tried to write a new narrative for this state.
Although Abrams has not yet conceded, citing uncounted ballots, it looks as though the other side has won, and the narrative is the same as ever. Abrams didn’t have to fight just an electoral campaign; she had to fight a civil-rights campaign against the forces of voter suppression.
Indeed, I can’t quite bring myself to say that Abrams “lost,” because there’s an asterisk next to her Republican opponent’s victory.
Brian Kemp, who billed himself as a “Trump conservative,” refused to step aside as Georgia’s secretary of state; he ran for governor of a state while overseeing the elections in that state. Former President Jimmy Carter, a Georgian with much experience monitoring elections abroad, stressed that this conflict of interest ran “counter to the most fundamental principle of democratic elections—that the electoral process be managed by an independent and impartial election authority.” Kemp had no intention of relinquishing a post he has held since 2010, and often wields as a weapon to cull Georgia’s electorate. He understood that he would need every trick in the book because he was up against a woman who, in addition to serving as the minority leader of the state’s House of Representatives from 2011 to 2017, founded a formidable voter-registration organization, the New Georgia Project.[…]Under Kemp, Georgia purged more than 1.5 million voters from the rolls, eliminating 10.6 percent of voters from the state’s registered electorate from 2016 to 2018 alone. The state shut down 214 polling places, the bulk of them in minority and poor neighborhoods. From 2013 to 2016 it blocked the registration of nearly 35,000 Georgians, including newly naturalized citizens. Georgia accomplished this feat of disfranchisement based on a screening process called “exact match,” meaning the state accepted new registrations only if they matched the information in state databases precisely, including hyphens in names, accents, and even typos.[…]Days before the deadline to register for the November election, the Associated Press reported that Kemp had put 53,000 applicants on hold due to exact-match problems. An analysis of Kemp’s records found that 70 percent of those applicants were black. (Georgia is roughly 32 percent black.) Separately, the Georgia chapter of the American Civil Liberties Union found that some 700 absentee-ballot applications and almost 200 absentee ballots were rejected by county officials due to a law mandating that the signatures on absentee applications and ballots visually match the signatures on file. Thus, poor penmanship was added to the list of crimes that can lead to disenfranchisement in Georgia.[…]
In the end, it looks like Kemp won. It’s impossible to know if his attempts to restrict the franchise are what pushed him over the line. But if the Georgia race had taken place in another country—say, the Republic of Georgia—U.S. media and the U.S. State Department would not have hesitated to question its legitimacy, if for no other reason than Kemp’s dual roles as candidate and election overseer. Of course, there were other reasons. As of this morning, he led by about 75,000 votes; more than 85,000 registrations were canceled through August 1 of this year alone.
Stacy Abrams is vowing not to concede until all votes are counted. I think she should demand a recount…as well.
This is a good thread to round up the tRump effect:
From down along this thread:
This piece of shit is gone:
On that note, here are a few cartoons:
I think Boston Boomer had this in one of her post, but it is so good I have to repeat it:
I wonder what the rest of today will bring?
See you in the comments…this is an open thread.
Today’s post is complemented with images of famous people when they were young…some may surprise you…others will not. I hope you enjoy the show.
Earlier this week, Pence came to Georgia. One of my fellow Roller Girls showed up to protest:
I am so proud of Pixie! It takes guts to stand there, by yourself…and she did get harassed by tRump supporters. Video clip of her interview with the local news station at this link.
One thing about the WFTDA (Women’s Flat Track Derby Association), they are proactive when it comes to issues and politics that strike out at causes and the culture Roller Derby stands up for…for instance:
In recent days, the United States executive branch has suggested federal policy changes may be coming that would significantly harm transgender, nonbinary, genderqueer, intersex, and other gender nonconforming members of our communities. As the governing body for the sport of roller derby, the Women’s Flat Track Derby Association (WFTDA) denounces these proposed changes, which would be in direct opposition to the inclusive spirit of our roller derby community. We ask other sports governing bodies, amateur and professional, as well as organizations and individuals who recognize the value of inclusivity in sport to join us in pushing back on these discriminatory policies.
As a nonprofit proudly based in Austin, Texas, the WFTDA is saddened to hear of the U.S. Department of Health and Human Services’ interest in defining gender as a biological condition. In the eyes of the WFTDA, this is an attack on our core values as an organization.
In 1972, Title IX was introduced as part of the U.S. Education Amendments, to end “discrimination on the basis of sex.” Title IX specifically offered protections and space for women in amateur sports, addressing the collegiate system directly. In recent years, the NCAA has taken steps to begin extending these protections to transgender athletes wishing to compete at the highest level in their chosen sports, pushing Title IX to end discrimination not just on the basis of assigned sex, but also on the basis of gender expression and transgender status.
The WFTDA has also worked throughout its existence to re-evaluate its own gender policies and create its current gender statement, at the encouragement of the WFTDA community as well as our colleagues in the Junior Roller Derby Association, the Men’s Roller Derby Association, and other organizations that have contributed significantly to gender-expansive competition. Together, we recognize that a commitment to inclusivity makes our sport brighter and more competitive. Diversity adds complexity and nuance that would not otherwise exist on eight wheels. It’s our collective obligation to advocate for the human rights of our membership — especially those who have historically faced disproportionately larger barriers to inclusion.
Please, go to the link to read the rest of the statement. There is a lot more there to chew on.
As you can also see, they encourage their teams to participate in the political discussion:
In 2004, AZRD agreed to play the Texas Rollergirls (TXRG) in the first interstate-bout of the modern era. As part of creating its first All-Star team, AZRD members selected the name Tent City Terrors, a satirical political statement in reference to Arizona’s notorious outdoor jail. Many of the skaters on the original team selected a second identity separate from that of their home team, such as “Sheriff Shutyerpaio”. When it was formed, it was unclear when or how many more games the team would play; at the time, there was no flat track organization nor rule set. Still, the name and uniform stuck through the first national tournament held in 2006, and has been used by the team since.
Yeah, a team name…plus derby player’s names to make a political statement. Check out a few other examples below:
Here are a few more links on politics and WFTDA and Roller Derby this:
A few articles on gender issues and concentrating on Derby as an LGBTQ inclusive sport.
Roller Derby and promoting the Indigenous Community:
Team Indigenous Talks Politics – WiSP Sports | conversations from the world of women’s sports-‘MICK SWAGGER’ AND ‘JUMPY MCGEE’ DISCUSS HOT TOPICS AND THE POLITICS OF TEAM INDIGENOUS AND THE WFTDA
Here is a statement back when tRump issued the fucking Muslim travel ban:
It really makes me proud to be a part of the North Georgia Roller Girls ….which is a WFTDA team associated with Peach State Roller Derby; with the WFTDA backing us, we should stand up for the causes that are a part of the movement that is Women’s Flat Track Roller Derby…it is wonderful to see women like Abby/Pixie embracing the Culture of WFTDA. I applaud her efforts. Brava!
As for the NGRG…we start playing our official first games in March of 2019, so I will definitely keep you all up to date with that nugget of derby news from time to time.
Oh, yeah…more young celebrity pictures:
So back to the shit storm that is tRump.
The 14th amendment to the constitution confirms that all Americans are born equal. One immigrant-hating lover of dictators cannot change that with a simple stroke of his pen
In an interview that will air in full on Sunday, Donald Trump reveals that he wants to end birthright citizenship through executive order. But he doesn’t have that power. An executive order cannot reverse the guarantee of citizenship to anyone born in the United States that is enshrined in the constitution.
After the civil war, Congress sought to grant full citizenship to African Americans, who had been denied it under the Dred Scottsupreme court decision. Yet when it passed the 14th amendment in 1868, Congress went further. It wrote a rule making it clear that any person, regardless of ethnicity or national origin, had a right to citizenship upon being born in the US.
The relevant portion of the 14th amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The phrase about jurisdiction was meant to exclude the children of ambassadors and tribal Native Americans, who until 1924 were regarded as citizens of separate sovereign nations.
These words about birthright citizenship reflect the wider values of the 14th amendment, which also guarantees “equal protection of the laws” for all persons. Together with the constitution’s ban on royal titles in Article I, Section 9, the document stands for the idea that the US does not condone hereditary hierarchy – or any legal distinction based on birth or parentage, ideas associated with aristocratic societies. In the US, everyone starts on the same plane.
I also think this is yet another form of tRumpian white nationalist intimidation. Considering the past 2013 Scalia Supreme Court decision which removed the Voting Rights portion of Civil Rights Act of 1964. (Remember the Civil Rights Act will again be revisited soon enough.)
This way of sending these outright threats goes far to back the claims of fascism that Boston Boomer discuss in her post from yesterday.
But back to the the op/ed up top. It goes on to discuss the first case that came before the SCOTUS, in 1898… United States v Wong Kim Ark. Please read the rest to learn more…
I’m going to stick with the Guardian for the next few links, I think it will give us a good look from a different perspective.
Hey, what a fucking surprise. Georgia’s election shit is making news over in the UK!
“The consequences of any of us staying home really are profound because America’s at a crossroads,” he warned. “The healthcare of millions of people is on the ballot. Making sure working families get a fair shake is on the ballot. But maybe most of all, the character of our country is on the ballot.”
It was not meant to be like this. America’s first black president hoped to steer the nation on an upward trajectory. Then came Donald Trump, a man endorsed by white supremacists and the breathing embodiment of everything Obama is not. On Tuesday, these two radically opposing visions of “the character of our country” will collide at the ballot box. Georgia is ground zero.
I live in ground zero. I know the crap first hand. Ugh.
Recently a clutch of American relatives came to visit me in London. I don’t get to see my extended family so much these days, but thanks to the internet they see me all the time, reading my articles and sending messages so supportive they occasionally reject English as insufficiently adoring and opt for Yiddish (“I’m kvelling!”). They ask me about the different things I’ve been writing about: celebrities, feminism, and so on. But when they made the transatlantic trip this time there was a rare consensus: they all wanted to talk about the rise of antisemitism in Europe.
“What is going on? It’s just crazy!” one uncle said to me after I wrote about protesting against antisemitism in British politics. We discussed the rise in verbal and physical attacks on Jews in the UK, the election of Viktor Orbán in Hungary, the Law and Justice party in Poland. He was especially horrified by the murder of 85-year-old Holocaust survivor Mireille Knoll in Paris. “It is just unimaginable,” my cousin said.
Dietrich was one of many German born actors/entertainers who spoke out and actively campaigned against Hitler during WWII.
Robert Brack, who at one point had the heaviest caseload of any federal judge in the US, pleads for justice for the immigrants he sees every day
One more link for today’s post…
A fleeting moment within the teaser for Axios’s interview with Donald Trump, the centerpiece of Sunday’s “Axios on HBO,” tells all you need to know about how the president truly feels about his relationship to the media.
Moments after Jim VandeHei admits to Trump that his “enemy of the people” rhetoric scares the hell out of him, the reporter (and co-founder of the media site) tells the president, “You are, like, the most powerful man in the world.”
Reflexively Trump looks off-camera and grins, briefly, his face flush with what appears to be self-satisfaction. There was concentrated smugness in that expression, tinged with a pugilist’s cruelty.
In that scene, VandeHei points out the extreme irresponsibility of any leader of the free world using his position and platform to vilify an entire class of people, and using that rhetoric to stoke the emotions of the people who constitute his base.
Ever the attention-hungry reality show star, Trump softly replies, “They like me more because of it,” calling his dangerous hyperbolic term the only way he can fight back. That satisfied grin says he knows he’s winning.
Axios on HBO,” premiering Sunday at 6:30 p.m., is one of many specials the news site will run on the premium cable channel as part of a partnership. HBO has been steadily expanding its news and information footprint. And that in itself indicates how malleable our concept of news has become under Trump’s administration.
This is the interview where tRump announces he is going to snap his fingers…click his heels and poof, no more “14th Amendment.”
So what are you finding today as we count down to Tuesday’s election?
This is an open thread.
I keep fighting back the urge to sing “It’s the end of the world as we know it” even though it seems like that way on so many fronts. The most dreadful of all gaslighting tricks fills the airwaves. Brett Kavanaugh and his republican enablers are pretending that they are the victims of women’s hysteria while Dr. Ford can’t return to her home because of actual threats. Then, there are the rest of us. The people that aren’t white males or white male enablers. How many more rights can they strip?
We’re looking to a future of having our voting rights stripped, our right to self determine our access to health care removed, and the enabling of police to shoot unarmed black men while white men complain they can’t watch their football without seeing folks bending a knee to remind them of the injustice. We’re looking to a future of likely seeing a President put above the law even though his obstruction of justice, theft of public property, and cooperation with Russian agents is there for nearly all to see. We’re going to continue to watch children and babies thrown into tents in the middle of deserts and jail cells after being ripped away from their parents. We’re going to see the folks that need protection from our bad foreign policy flee to our borders only to be incarcerated for asking for refuge. We’re looking to losing spouses, jobs, and rights because of who we love and wish to marry. In each of us, there is all of us.
We have to take one of the Houses of Congress away from the Republicans to turn this around.
There are other things we have to turn around too and I fully admit that I’ve thrown myself at the wall a few too many times to rise again. And yet, like every one else, I must. We must.
The world stands on the brink of failure when it comes to holding global warming to moderate levels, and nations will need to take “unprecedented” actions to cut their carbon emissions over the next decade, according to a landmark report by the top scientific body studying climate change.
With global emissions showing few signs of slowing and the United States — the world’s second-largest emitter of carbon dioxide — rolling back a suite of Obama-era climate measures, the prospects for meeting the most ambitious goals of the 2015 Paris agreement look increasingly slim. To avoid racing past warming of 1.5 degrees Celsius (2.7 degrees Fahrenheit) over preindustrial levels would require a “rapid and far-reaching” transformation of human civilization at a magnitude that has never happened before, the group found.
The report, issued on Monday by the Intergovernmental Panel on Climate Change, a group of scientists convened by the United Nations to guide world leaders, describes a world of worsening food shortages and wildfires, and a mass die-off of coral reefs as soon as 2040 — a period well within the lifetime of much of the global population.
The report “is quite a shock, and quite concerning,” said Bill Hare, an author of previous I.P.C.C. reports and a physicist with Climate Analytics, a nonprofit organization. “We were not aware of this just a few years ago.” The report was the first to be commissioned by world leaders under the Paris agreement, the 2015 pact by nations to fight global warming.
The authors found that if greenhouse gas emissions continue at the current rate, the atmosphere will warm up by as much as 2.7 degrees Fahrenheit (1.5 degrees Celsius) above preindustrial levels by 2040, inundating coastlines and intensifying droughts and poverty. Previous work had focused on estimating the damage if average temperatures were to rise by a larger number, 3.6 degrees Fahrenheit (2 degrees Celsius), because that was the threshold scientists previously considered for the most severe effects of climate change.
The new report, however, shows that many of those effects will come much sooner, at the 2.7-degree mark.
At 2C extremely hot days, such as those experienced in the northern hemisphere this summer, would become more severe and common, increasing heat-related deaths and causing more forest fires.
But the greatest difference would be to nature. Insects, which are vital for pollination of crops, and plants are almost twice as likely to lose half their habitat at 2C compared with 1.5C. Corals would be 99% lost at the higher of the two temperatures, but more than 10% have a chance of surviving if the lower target is reached.
Sea-level rise would affect 10 million more people by 2100 if the half-degree extra warming brought a forecast 10cm additional pressure on coastlines. The number affected would increase substantially in the following centuries due to locked-in ice melt.
Oceans are already suffering from elevated acidity and lower levels of oxygen as a result of climate change. One model shows marine fisheries would lose 3m tonnes at 2C, twice the decline at 1.5C.
Sea ice-free summers in the Arctic, which is warming two to three times fast than the world average, would come once every 100 years at 1.5C, but every 10 years with half a degree more of global warming.
Back to Judge Bad News and Worse Temperament … Sarah Kendzior writes this for Canada’s Globe and Mail: “Kavanaugh’s appointment isn’t a step backward. It’s a head-first plunge into an ugly past”.
The confirmation of Justice Kavanaugh was, at heart, a referendum on the integrity of U.S. institutions and of the impunity of elites – and the U.S. failed. Senators who purport to believe in rule of law vouched for a judge who sees himself as above it. Senators who purport to believe in democracy honoured a man who degrades it, and did so in deference to a man seemingly attempting to destroy it – President Trump.
Checks and balances are nearly gone. The executive branch was long ago corrupted; the independent legislature neutered by a GOP majority nakedly seeking one-party rule. Until now, the judiciary had been the strongest bulwark against autocracy, having struck down many of Mr. Trump’s unconstitutional executive orders during his first year. The Trump administration responded by packing the courts, appointing right-wing judgesto lifetime appointments and purging attorneys they view as opponents. Justice Kavanaugh is the final nail in that coffin.
This is now Mr. Trump’s Supreme Court of the United States, run on white male entitlement and alternative facts. Justice Kavanaugh is expected to act as Mr. Trump’s legal lackey, exonerating him regardless of the charge or the evidence. His appointment may not only end the efficacy of the Robert Mueller probe, but curtail other attempts to prosecute Mr. Trump or his aides on state charges, due to a case, Gamble v. The United States, that the Supreme Court is set to hear this term.
Autocrats rewrite the law so they are no longer breaking it, and they hire and fire accordingly. This is why I have been warning for years that Donald Trump, whose seemingly autocratic consolidation grows stronger every day, was akin to a criminal able to someday select his own judge or delay his own trial – and now he has. This is why a purge of the FBI was followed by a sham FBI investigation into Justice Kavanaugh, reminiscent of those of authoritarian states, with key witnesses and evidence ignored.
For the President, the confirmation of this judge is a hand-picked gift, but for ordinary Americans, he marks the end of truths we deemed self-evident. Justice Kavanaugh marks the imposition of a corrosive new reality. The Supreme Court is likely to roll back decades of hard-earned rights, particularly voting rights, civil rights and women’s rights.
Also, a lot of Trump’s thug buddies in thuggish countries are disappearing journalists and others.
The silence is showing exactly what kind of country we’ve become. We’re just another one of those ugly countries where the ruling class can’t possibly be bothered with human rights and hates the idea of a free press.
That’s all I can stomach today.
I’m trying to stay focused on the city around me because it’s kinda where I am right now and it appears the housing market has shifted against me in the last six months. It’s one of those signs that tells me that the economy is likely to get pretty ugly pretty fast. So, hug the ones around you, be thankful for what you have, and drag at least 10 people with you to the voting both in November.
It’s a matter of life and death for all of us.
What’s on your reading and blogging list today?
Last night thug “president” Trump did his ridiculous PT Barnum act with his nomination of Brett Kavanaugh to the Supreme Court to replace Anthony Kennedy. Supposedly, Trump was deciding among about four candidates, but it turns out the fix may have been in all along.
Has any other president made a deal with a Supreme Court Justice to appoint a chosen replacement?
After Justice Anthony Kennedy told President Donald Trump he would relinquish his seat on the Supreme Court, the president emerged from his private meeting with the retiring jurist focused on one candidate to name as his successor: Judge Brett Kavanaugh, Kennedy’s former law clerk….
So even as Trump dispatched his top lawyers to comb though Kavanaugh’s rulings and quizzed allies about whether he was too close to the Bush family, potentially a fatal flaw, the president was always leaning toward accepting Kennedy’s partiality for Kavanaugh while preserving the secret until his formal announcement, sources with knowledge of his thinking told POLITICO.
I’m sure we’ll be learning more about this, and I hope Democrats respond aggressively.
Basic background on Kavenaugh
President Donald Trump’s Supreme Court pick is no stranger to partisan politics: Before becoming a judge, he was helping make the case for the impeachment of Bill Clinton and later for the election of George W. Bush.
Twenty years ago, Kavanaugh’s story starts amid the highly politicized independent counsel investigation into Clinton. He worked for Starr as a young Yale Law graduate, first when Kenneth Starr was solicitor general and later in the Office of the Independent Counsel, where Kavanaugh was a key player in the slew of investigations into the Clintons, including the Whitewater scandal, the suicide of White House counsel Vincent Foster and Clinton’s affair with Monica Lewinsky.
The Starr Report to Congress laid out the details of Clinton and Lewinsky’s affair and findings of potential wrongdoing by the president. Kavanaugh was the primary author of the section on the grounds for possible impeachment, Starr would reportedly later say,because “that needed to be very carefully crafted, so I was looking to one of the office’s most talented lawyers — of superb and balanced judgment — to take the lead in drafting.” [….]
He was a member of the GOP legal team fighting to stop the recount in Florida to clear the way for Bush’s election against Al Gore in 2000, later taking a job in the Bush White House in 2001, where he’d serve for five years as counsel and later staff secretary until his confirmation to the U.S. Court of Appeals for the D.C. Circuit in 2006.
Brett M. Kavanaugh, the federal judge nominated by President Trump on Monday to the Supreme Court, has endorsed robust views of the powers of the president, consistently siding with arguments in favor of broad executive authority during his 12 years on the bench in Washington.
He has called for restructuring the government’s consumer watchdog agency so the president could remove the director and has been a leading defender of the government’s position when it comes to using military commissions to prosecute terrorism suspects.
Kavanaugh is “an unrelenting, unapologetic defender of presidential power” who believes courts can and should actively seek to rein in “large swaths of the current administrative state,” said University of Texas law professor Stephen Vladeck, who closely follows the U.S. Court of Appeals for the District of Columbia Circuit.
Kavanaugh’s record suggests that if he is confirmed, he would be more to the right than the man he would replace, Justice Anthony M. Kennedy, for whom he clerked. Kavanaugh has staked out conservative positions in cases involving gun rights, abortion and the separation of powers.
Read more details at both of those links.
What Kavanaugh Would Likely Do on the Court
Kavanaugh is an obvious choice for Trump. A judge on the U.S. Court of Appeals for the District of Columbia Circuit, he has maintained staunchly conservative credentials without earning a reputation for being a bomb-thrower. Unless Republican Sen. Susan Collins grows a spine, which she won’t, he has a clear path to Senate confirmation. During his hearings, Kavanaugh will claim he cannot reveal his true feelings about Roe v. Wade, the 1973 Supreme Court decision establishing a constitutional right to abortion access. But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided a road map that shows precisely how he’ll do it.
Kavanaugh was forced to confront the abortion question in 2017 after the Trump administration barred an undocumented minor, known as Jane Doe, from terminating an unwanted pregnancy. The American Civil Liberties Union sued on Doe’s behalf, and the dispute came before a three-judge panel at the D.C. Circuit. Kavanaugh was joined on the panel by Judge Karen L. Henderson, an arch-conservative, and Judge Patricia Millett, a moderate liberal. Doe, who was being held in a federally funded Texas shelter, had already obtained the necessary judicial bypass to get an abortion. But the Trump administration refused to let her see an abortion provider, instead sending her to an anti-abortion “crisis pregnancy center.”
By that point, Doe would be about 18 weeks pregnant. Texas bans abortion after 20 weeks, and the procedure becomes more dangerous as the pregnancy advances. Moreover, the process of finding and verifying a sponsor for an undocumented minor frequently takes weeks or months. And Doe’s lawyers had already searched for a possible sponsor, to no avail. Kavanaugh’s ostensible compromise, then, was nothing of the sort. At best, it would force Doe to suffer through her unwanted pregnancy for at least two more weeks, increasing the odds of complications when she was finally able to obtain an abortion. At worst, it meant the government could run down the clock to the point that an abortion would become illegal.
Luckily for Doe, the full D.C. Circuit swiftly reversed Kavanaugh’s decision and allowed her to terminate her pregnancy, which she did. This move prompted Kavanaugh to write a bitter dissent explaining why the government’s bar on Doe’s abortion was not, in fact, an undue burden.
Read the rest at Slate.
When President Trump Monday nominated Judge Brett Kavanaugh to the Supreme Court, he probably doomed the right to abortion, same-sex marriage, and maybe even contraception….
…while Kavanaugh’s record on women’s and LGBT rights is sparse, it gives good reason to suspect that he could be the swing vote to strike down Roe v. Wade, the abortion-rights case. This, after all, is what Trump promised in 2016: that Roe would be “automatically” be overturned should he be elected. And Kavanaugh has been praised by numerous right-wing organizations.
In the case of Garza v. Hargan, the D.C. Circuit Court of Appeals held that an undocumented teenage immigrant was entitled to obtain an abortion without having to obtain familial consent (as is required in several states).
Kavanaugh vigorously dissented, asking, “Is it really absurd for the United States to think that the minor should be transferred to her immigration sponsor ― ordinarily a family member, relative, or friend ― before she makes that decision?”
Those are strong words, endorsing not only parental consent rules but enforcing them in extreme circumstances. If you are looking for signals that a Justice Kavanaugh would limit or overturn Roe, Garza is a giant red flare.
There’s also a possibility that Kavenaugh might not be right wing enough to satisfy some Republicans.
Kavanaugh may not be conservative enough to survive the confirmation process. There is even talk that conservatives might revolt against Kavanaugh, as they did in 2005 against George W. Bush’s nomination of Harriet Miers. The reason? Many conservatives wanted Kavanaugh to cast doubt on the teenager’s right to get an abortion at all, which another dissenting judge did.
Legally speaking, that objection is absurd. Not unlike “judicial minimalist” Chief Justice John Roberts, Kavanaugh was discussing the case at issue, not some hypothetical issue. And he was responding to the circuit court’s holding, not writing an essay.
But there’s more. Some conservatives have pointed to dicta in another Kavanaugh opinion, a dissent in Priests for Life v. HHS, a case similar to Hobby Lobby involving the Affordable Care Act’s contraception requirement. While dissenting in favor of the Catholic religious organization objecting to the requirement, Kavanaugh wrote that the “the Government has a compelling interest in facilitating women’s access to contraception” because of a variety of factors, such as “reducing the number of unintended pregnancies would further women’s health, advance women’s personal and professional opportunities, reduce the number of abortions, and help break a cycle of poverty.”
Kavanaugh is writing here about the state’s interest in access to contraception, not whether an individual has a constitutional right to access it. Those are totally different questions. But Kavanaugh’s opinion doesn’t question the constitutional right either, which rests on the same foundations (substantive due process, privacy, family) as the right to obtain an abortion.
This one is a must read–lots of details on Kavenaugh’s record. Head over to The Daily Beast to read the rest.
Read more about Kavenaugh and abortion here:
One more from The New York Times editorial board: There’s So Much You Don’t Know About Brett Kavanaugh. And you probably won’t until it’s too late.
First, the awful lot: Judge Kavanaugh would shift the balance of constitutional jurisprudence to the right, creating a solid right-wing majority on the court possibly until the second half of the 21st century. While the somewhat unpredictable Justice Anthony Kennedy once served as the fulcrum for the court, that role will now go to Chief Justice John Roberts Jr., a far more ideological conservative.
Judge Kavanaugh, who sits on the federal appeals court for the District of Columbia, has been a fixture in conservative politics and is widely respected by the Republican elite. Before becoming a judge, he clerked for Justice Kennedy and worked for Kenneth Starr, the independent counsel who investigated President Bill Clinton, and later in the George W. Bush White House. He successfully portrayed himself in his remarks at the White House as a nice guy who coaches girls in basketball, feeds the homeless and believes in the Constitution.
What Americans can’t know about Judge Kavanaugh: pretty much anything else. That’s thanks to the perversion of the Supreme Court confirmation process, which once provided the Senate and the public with useful information about a potential justice’s views on the Constitution, but which has, ever since the bitter battle over President Ronald Reagan’s failed nomination of Robert Bork in 1987, devolved into a second-rate Samuel Beckett play starring an earnest legal scholar who sits for days at a microphone and labors to sound thoughtful while saying almost nothing.
Read the rest at the NYT.
I know there’s plenty of other news, but this is the biggie for today. Post your thoughts and links on any topic in the comment thread, and try to have a good day despite the horrors all around us.