Even as we worry about Trump and Bolton starting a war with Iran and about the Democrats refusing to follow the Impeachment road map provided by Robert Mueller, American women must face the fact that our very personhood is being attacked.
Personally, I have decided that I will not vote for any man for president. The right of women to make decisions about our own bodies is too important.
Here’s the latest on the War on Women:
Missouri’s Senate has passed what its authors call one of the nation’s most stringent anti-abortion bills, which would outlaw nearly all abortions at eight weeks of pregnancy.
The Republican-led Senate passed the bill, dubbed Missouri Stands With The Unborn, by a margin of 24 to 10 early Thursday morning….
Missouri’s move comes hours after Alabama Gov. Kay Ivey signed a bill that would introduce a near-total abortion ban in that state. Kentucky, Mississippi, Ohio and Georgia have approved bans on abortion once a fetal heartbeat is detected, which can occur in about the sixth week of pregnancy.
Louisiana is following suit with its own “heartbeat” abortion ban, which was approved unopposed by the Louisiana House Health and Welfare Committee on Wednesday.
Abortion right activists are mobilizing in Alabama. The Washington Post: Governor signs Alabama abortion ban, which has galvanized support on both sides, setting up a lengthy fight.
MONTGOMERY, Ala. — As a crop duster with a banner saying “Abortion is okay” hummed above the capitol, circling back and forth around the governor’s mansion, a group of women below let out a cheer.
“Just another day in Alabama,” said Mia Raven, director of People Organizing for Women’s Empowerment and Rights (POWER) House. “We knew this would pass and we got ready.”
Amanda Reyes, who works with an abortion fund, was wearing an “I’m on the pill” T-shirt, complete with instructions printed on the back detailing how to get a medical abortion. She also looked skyward: “Here it comes again! That’s just the coolest thing.”
Hours after the Alabama Senate voted late Tuesday to ban abortions in almost all circumstances — including in cases of rape and incest — women’s rights activists and abortion rights advocates said the decision to approve the nation’s strictest abortion measure has energized them. Knowing that the bill was designed to challenge Roe v. Wade, they are gearing up for the fight.
The Washington Post: Louisiana ‘heartbeat’ abortion ban nearing final passage.
BATON ROUGE, La. — A proposal to ban abortions in Louisiana as early as the sixth week of pregnancy continued to speed through the state legislature Wednesday, the same day Alabama’s governor signed the nation’s most restrictive law against the procedure.
Without objection, the Louisiana House Health and Welfare Committee backed legislation to prohibit abortions when a fetal heartbeat is detected, similar to laws passed in several conservative states that are aimed at challenging the U.S. Supreme Court’s 1973 decision that legalized abortion. Louisiana’s ban, however, only would take effect if a federal appeals court upholds a similar law in Mississippi.
Louisiana’s so-called fetal “heartbeat bill” is sponsored by state Sen. John Milkovich, one of several measures that lawmakers are advancing to add new restrictions on abortion. Senators already have supported the bill, which will next receive full House consideration, one step from final passage. Democratic Gov. John Bel Edwards has indicated he will sign the measure if it reaches his desk.
The New York Times sums up the current abortion landscape: ‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It.
States across the country are passing some of the most restrictive abortion legislation in decades, deepening the growing divide between liberal and conservative states and setting up momentous court battles that could profoundly reshape abortion access in America….
The national race to pass new legislation began last fall, after President Trump chose Brett M. Kavanaugh to replace Justice Anthony M. Kennedy on the Supreme Court, adding what some predicted would be a fifth vote to uphold new limits on abortion. Red states rushed to pass more restrictions and blue states to pass protections.
Now, as state legislative sessions draw to a close in many places, experts count about 30 abortion laws that have passed so far.
That is not necessarily more than in past years, said Elizabeth Nash, a legal expert at the Guttmacher Institute, which supports abortion rights.
What’s different is the laws themselves, which have gone further than ever to frontally challenge Roe v. Wade, the Supreme Court’s 1973 ruling that established federal protections for abortion.
Read the rest at the NYT.
Interestingly, these extreme laws could be interfering with right wing plans to overturn Roe v. Wade.
Even Pat Robertson thinks the Alabama law is too “extreme.” The Washington Post: Televangelist Pat Robertson: Alabama’s abortion ban is ‘extreme’ and has ‘gone too far.’
Longtime televangelist Pat Robertson decried Alabama’s new abortion ban as “extreme,” saying on his show on Wednesday that the state legislature has “gone too far.”
Alabama’s law, which has been passed by the legislature and signed by the governor, includes a penalty of up to 99 years in prison for doctors who perform abortions and has no exceptions for rape or incest, Robertson noted on his show.
“They want to challenge Roe vs. Wade, but my humble view is I don’t think that’s the case I’d want to bring to the Supreme Court because I think this one will lose,” Robertson told viewers of CBN’s “The 700 Club” on Wednesday.
David G. Savage at The Los Angeles Times: Supreme Court is not eager to overturn Roe vs. Wade — at least not soon.
The Supreme Court justices will meet behind closed doors Thursday morning and are expected to debate and discuss — for the 14th time — Indiana’s appeal of court rulings that have blocked a law to prohibit certain abortions.
The high court’s action — or so far, nonaction — in Indiana’s case gives one clue as to how the court’s conservative majority will decide the fate of abortion bans recently passed by lawmakers in Alabama and Georgia. Republican Gov. Kay Ivey of Alabama signed her state’s ban into law on Wednesday.
Lawmakers in those states have said they approved the bans in an effort to force the high court to reconsider Roe vs. Wade, the 1973 decision that legalized abortion nationwide.
The justices have many ways to avoid such a sweeping ruling, however. And Chief Justice John G. Roberts Jr., in his 14 years on the high court, has typically resisted moving quickly to decide major controversies or to announce abrupt, far-reaching changes in the law.
Roberts’ history, along with the court’s handling of abortion cases in recent years, suggests he will not move to overturn the right to abortion soon, or all at once, and is particularly unlikely to do so in the next year or two with a presidential election pending.
At Slate, Dahlia Lithwick makes a similar argument: Alabama’s Extremist Abortion Bill Ruins John Roberts’ Roe Plan.
One could feel sorry for Chief Justice John Roberts. He is, after all, caught in an unsightly squeeze play between anti-abortion zealots in Alabama, and slightly less wild-eyed anti-abortion zealots in Georgia, Ohio, Tennessee, and Indiana (the court seems unable to make a decision on whether to grant the Indiana petition it has been sitting on for months now). There’s finally a five-justice majority within striking distance of a decades-long dream to overturn Roe v. Wade, and the anti-choice activists are getting ahead of themselves like slurring drunks at a frat party and making everything more transparently nasty than it need be.
There are easy and near invisible ways for the high court to end Roe. That has always been, and remains, the logical trajectory. As Mark Joseph Stern has shown, when Brett Kavanaugh came onto the court, with his dog whistles and signaling around reproductive rights, it became clear that he would guide the court to simply allow states to erect more and more barriers to abortion access (dolphin-skin window coverings on every clinic!). The five justices in the majority would do it all while finding ways to say that such regulations were not an “undue burden” on a woman’s right to choose. The courts and state legislatures could continue their lilting love songs to the need for the states to protect maternal health and to help confused mommies make good choices, and nobody need dirty their hands by acknowledging that the real goal of three decades’ worth of cumbersome clinic regulations and admitting privileges laws were just pretexts for closing clinics and ending abortion altogether.
Read the rest at Slate.
(Mostly) male legislators are ignoring the realities of actual women’s lives.
When Senator Clyde Chambliss, a Republican, for example, was asked if the law would allow for incest victims to obtain abortions, he responded: “Yes, until she knows she’s pregnant.”
He did not elaborate on how someone would have an abortion before she knows she’s pregnant, outside of claiming, “It takes time for all the chromosomes to come together.”
Women’s bodies, lives, and futures are quite literally in the hands of men who seemingly couldn’t pass a high school health class. That’s part of what’s so hard about watching these debates: It’s not just that women’s rights and autonomy are being legislated away, but that it’s being done by complete morons.
This lack of remedial understanding of women’s bodies is not limited to Alabama. Representative John Becker of Ohio, a Republican, for example, sponsored a bill to limit insurance coverage for abortions, but claimed that it would have an exception for ectopic pregnancies, when the fertilized egg implants outside the uterus. “That treatment would be removing the embryo from the fallopian tube and reinserting it in the uterus,” he said, explaining a procedure that doesn’t exist and isn’t medically possible.
There is also Texas state Representative Dan Flynn, a Republican, who believes abortion requires cutting into a woman’s uterus, or Vito Barbieri, the Idaho state Representative, a Republican, who thought you could give a woman a remote gynecological exam by having her swallow a tiny camera.
Shannon Dingle at USA Today: I was 12 years old and pregnant. Alabama’s abortion ban bill would punish girls like me.
I was that 11-year-old pregnant by rape in Ohio, except I had just turned 12 and lived in Florida….She is 11. She has experienced and is experiencing violating trauma. Maybe someday she will tell her story, but today is not that day.
I can tell my story, though. I was newly 12. I lived in a suburb of Tampa. I had gotten my period a couple years before, and it came regularly once it started. I knew to expect it every 32 days.
It was July, the summer between sixth and seventh grade, when days 33, 34, 35 and more passed with no period. I had read in one of my sister’s Seventeen magazines that periods aren’t always regular, so I figured this was my first one of those.
It wasn’t….I never chose to have sex at such a young age, but abusers in my family chose to rape me. I had lost count of the number of times by then. With a dad high ranking in the county sheriff’s office, I didn’t trust going to the police. I had tried to tell teachers and church volunteers, but that never went anywhere, either.
Please go read the rest if you haven’t already.
Women and girls in the U.S. are in real danger. For me this is the number one issue for women in the upcoming presidential election.
As always, this is an open thread.
Honestly, I’m not capable of writing much of anything this morning. The Republicans are now directly attacking Brett Kavanaugh’s accusers, Mitch McConnell is going to steamroller any objections to the fake FBI background check, and it looks like Susan Collins along with endangered Democrats Heidi Heitcamp and Joe Manchin will probably vote yes.
Trump has been “president” for less than two years and he has managed to destroy the presidency, the House and Senate, and now he may destroy any remaining credibility for the Supreme Court for decades to come. And he’s making me sick–physically, mentally, and spiritually. I promise I’m going to fight my way back from my current depressed state, but it’s going to take awhile.
Republicans are aggressively challenging the credibility of Brett M. Kavanaugh’s initial accuser, a turnabout from days of treating Christine Blasey Ford gingerly after her emotional testimony alleging sexual assault decades ago.
Spearheaded by Senate Majority Leader Mitch McConnell (R-Ky.), the blistering campaign to confirm Kavanaugh to the Supreme Court includes personal attacks on the women who have leveled claims against the judge, including the release Tuesday of a salacious statement that purports to describe the sex life of another accuser, Julie Swetnick.
The effort is shattering Senate norms at a critical moment for Kavanaugh, and it signals that the GOP is embracing the tactics of President Trump, who mocked Ford at a political rally Tuesday night days after calling her credible.
The strategy has drawn condemnation, and it has even raised questions about whether Republicans have violated a provision of the Violence Against Women Act by disclosing Swetnick’s purported sexual preferences.
But party leaders are undaunted, concluding that a scorched-earth strategy is the most effective way to defend Kavanaugh and rally enough support to confirm him to the nation’s highest court.
Greg Sargent at the WaPo seems to be asking if Republican Senators who where shocked shocked! at Trump’s attacks on Christine Blasey Ford will rush ahead to vote for Kavanaugh anyway: Trump’s disgusting attack on Christine Ford cannot be wished away.
When President Trump attacked Ford at a rally on Tuesday night, he did more than merely showcase his typically depraved and hateful nature. What Trump really did was inform the country in no uncertain terms that he will do all he can to ensure that the country does not — and cannot — heal its searing divisions over the Kavanaugh matter, after it is resolved.
Trump ridiculed the gaps in Ford’s memory: “How did you get home? I don’t remember. How did you get there? I don’t remember. Where is the place? I don’t remember.” Trump contrasted this mockery with an outpouring of sympathy, if he is capable of such a feeling, for Kavanaugh: “A man’s life is in tatters,” he said, adding: “Think of your husbands. Think of your sons.”
In this, Trump broke from the carefully crafted GOP strategy of refraining from questioning that the attack happened while suggesting it might have been carried out by someone else. Instead, Trump ridiculed the claim itself and insisted that the only true victim in this situation is Kavanaugh.
What Trump is really signaling here is that, if Kavanaugh is confirmed, he will continue to rub the faces of millions of women in excrement over it. Trump was doing precisely what that woman accused Flake of doing — telling women that their sexual assault claims “don’t matter” — and he was undertaking this provocation deliberately, using the bully pulpit of the presidency to do so.
Will Jeff Flake, Susan Collins, Lisa Murkowski, Heidi Heitcamp, and Joe Manchin vote to ratify Trump’s cruel and repulsive attacks? If they do, women must rise up in anger and punish them.
Jane Mayer and Ronan Farrow at The New Yorker: The F.B.I. Probe Ignored Testimonies from Former Classmates of Kavanaugh.
Frustrated potential witnesses who have been unable to speak with the F.B.I agents conducting the investigation into sexual-assault allegations against Donald Trump’s Supreme Court nominee, Brett Kavanaugh, have been resorting to sending statements, unsolicited, to the Bureau and to senators, in hopes that they would be seen before the inquiry concluded. On Monday, President Trump said that the Bureau should be able to interview “anybody they want within reason,” but the extent of the constraints placed on the investigating agents by the White House remained unclear. Late Wednesday night, Senate Majority Leader Mitch McConnell announced that the F.B.I. probe was over and cleared the way for an important procedural vote on Kavanaugh’s nomination to take place on Friday. NBC News reported that dozens of people who said that they had information about Kavanaugh had contacted F.B.I. field offices, but agents had not been permitted to talk to many of them. Several people interested in speaking to the F.B.I. expressed exasperation in interviews with The New Yorker at what they perceived to be a lack of interest in their accounts.
Deborah Ramirez, one of two women who have accused Kavanaugh of sexual abuse, said in an interview that she had been hopeful that her story would be investigated when two agents drove from Denver to Boulder, Colorado, last weekend to interview her at her lawyer’s office. But Ramirez said that she was troubled by what she perceived as a lack of willingness on the part of the Bureau to take steps to substantiate her claims. “I am very alarmed, first, that I was denied an F.B.I. investigation for five days, and then, when one was granted, that it was given on a short timeline and that the people who were key to corroborating my story have not been contacted,” Ramirez said. “I feel like I’m being silenced.”
Mayer and Farrow talked to a former classmate of Ramirez and Kavanaugh who corroborated her story.
Several former Yale students who claim to have information regarding the alleged incident with Ramirez or about Kavanaugh’s behavior at Yale said that they had not been contacted by the F.B.I. Kenneth G. Appold was a suitemate of Kavanaugh’s at the time of the alleged incident. He had previously spoken to The New Yorker about Ramirez on condition of anonymity, but he said that he is now willing to be identified because he believes that the F.B.I. must thoroughly investigate her allegation. Appold, who is the James Hastings Nichols Professor of Reformation History at Princeton Theological Seminary, said that he first heard about the alleged incident involving Kavanaugh and Ramirez either the night it occurred or a day or two later. Appold said that he was “one-hundred-per-cent certain” that he was told that Kavanaugh was the male student who exposed himself to Ramirez. He said that he never discussed the allegation with Ramirez, whom he said he barely knew in college. But he recalled details—which, he said, an eyewitness described to him at the time—that match Ramirez’s memory of what happened. “I can corroborate Debbie’s account,” he said in an interview. “I believe her, because it matches the same story I heard thirty-five years ago, although the two of us have never talked.”
Appold, who won two Fulbright Fellowships, and earned his Ph.D. in religious studies from Yale in 1994, also recalled telling his graduate-school roommate about the incident in 1989 or 1990. That roommate, Michael Wetstone, who is now an architect, confirmed Appold’s account and said, “it stood out in our minds because it was a shocking story of transgression.” Appold said that he initially asked to remain anonymous because he hoped to make contact first with the classmate who, to the best of his recollection, told him about the party and was an eyewitness to the incident. He said that he had not been able to get any response from that person, despite multiple attempts to do so. The New Yorker reached the classmate, but he said that he had no memory of the incident.
Please read the whole thing at the New Yorker.
The Washington Post: FBI background check of Kavanaugh appears to have been highly curtailed.
Slate: I Was Brett Kavanaugh’s College Roommate. He lied under oath about his drinking and terms in his yearbook, by James Roche.
In 1983, I was one of Brett Kavanaugh’s freshman roommates at Yale University. About two weeks ago I came forward to lend my support to my friend Deborah Ramirez, who says Brett sexually assaulted her at a party in a dorm suite. I did this because I believe Debbie.
Now the FBI is investigating this incident. I am willing to speak with them about my experiences at Yale with both Debbie and Brett. I would tell them this: Brett Kavanaugh stood up under oath and lied about his drinking and about the meaning of words in his yearbook. He did so baldly, without hesitation or reservation. In his words and his behavior, Judge Kavanaugh has shown contempt for the truth, for the process, for the rule of law, and for accountability. His willingness to lie to avoid embarrassment throws doubt on his denials about the larger questions of sexual assault. In contrast, I cannot remember ever having a reason to distrust anything, large or small, that I have heard from Debbie.
I did not want to come forward. When the New Yorker’s Ronan Farrow contacted me while researching a story about Debbie and Brett, I told him that I didn’t see the point. There is no way that Brett will face legal consequences after this much time. Either he will be confirmed or another conservative judge will be. There would be a high cost. I was raised in a Republican family. My mother, who has since passed away, was a Republican state representative in Connecticut. My father owns a MAGA hat. I have close friends who are very conservative. In recent years I have had disagreements over politics with some of these friends and family, but I care deeply about them. My involvement has and will come with personal, professional, and reputational damage.
Read Roche’s story at Slate.
More reads, links only:
Electric Privacy Information Center (EPIC): National Archives Confirms Existence of Numerous Kavanaugh Records on Surveillance Programs
Jonathan Chait: Republicans Have Decided to Ignore All of Brett Kavanaugh’s Lies.
That’s all I’ve got. What stories are you following?
Today beginning at 10AM, the Senate Judiciary Committee will hold a brief hearing in which one of the women who has accused SCOTUS nominee Brett Kavanaugh of sexual assault, Christine Blasey Ford, will tell her story and Kavanaugh will respond by lying and obfuscating.
I can’t imagine anything useful could come out of the hearing, since each questioner will have only 5 minutes to address complex issues. At best, the spectacle of 11 white men hiding behind a woman prosecutor might lead to more public outrage against the GOP and their deeply flawed nominee. It’s not clear what how Democrats will handle the questioning; they’ve kept their plans close to the vest.
I wanted to get this post up early so we can follow the hearing and aftermath together. I hope people will join in. Here are some reads to check out today.
The Daily Beast: ‘Disaster’: Trumpworld Starting to Sweat Over Brett Kavanaugh’s Mounting Sexual Assault Allegations. Excerpt:
Going into this past weekend, the Trump White House was sounding self-assured about Kavanaugh’s prospects, with senior aides saying they felt he could weather the allegations and horrifically bad press. Since then, two other female accusers have come forward, and the swagger from Team Trump has been replaced with, at best, a shaken confidence.
Officials inside the White House, as well as outside advisers, told the The Daily Beast that mood has become less bullish. Senior aides fear delivering Trump a major failure and humiliation that he can—and likely will—pin on those around him and squeamish Republican lawmakers. There is palpable fear that the party’s base will turn on Republicans should the Kavanaugh nomination fail.
Top donors, meanwhile, have said that they will continue writing checks out of a growing fear that the party could lose the Senate in addition to the House this coming fall. But one major contributor warned that lawmakers had to show them that they had put up a sufficient fight to get Kavanaugh on to the Court or else the checks wouldn’t come….
At this point, Trump’s team and Kavanaugh’s camp are publicly maintaining calm and privately encouraging allies to do the same. On a Monday conference call with White House surrogates, Kellyanne Conway, counselor to President Trump, had insisted that the “president and this White House continue to stand strongly behind Judge Kavanaugh,” according to a person on the line. By Wednesday, a senior West Wing official said that the president’s posture remained unchanged.
But aides also acknowledge that Kavanaugh’s prospects were growing more endangered. “Thursday could be a disaster or it could be…a victory, we don’t know,” one aide said, referencing the planned testimony Kavanaugh and his accuser, Dr. Christine Blasey Ford plan to give to the Senate Judiciary Committee.
Yesterday during his deranged press conference, Trump seemed to suggest that he could decide to dump Kavanaugh. But he was all over the map in his embarrassing, manic performance. Todd Purdum summarizes Trump’s 81-minute rant at The Atlantic: President Trump’s Surreal News Conference Didn’t Do Kavanaugh Any Favors.
In more than 80 surreal minutes of what seemed less like a news conference than a public free-association session on a therapist’s couch, the president of the United States dismissed accusations of sexual misconduct against Judge Brett Kavanaugh as “all false to me,” then insisted he wanted to hear Christine Blasey Ford’s testimony because “I can be convinced of anything. Maybe she will say something.”
He portrayed Kavanaugh’s Democratic Senate opponents as the organizers of a “big, fat con job,” then acknowledged without missing a beat that he would withdraw Kavanaugh’s nomination “if I thought he was guilty of something like this, sure.” He praised Kavanaugh as “one of the highest-quality people that I have ever met,” then suggested that the judge’s life was not so spotless, allowing that even George Washington may have had “a couple of things in his past.” [….]
Who can say whether Trump’s apparently unbridled, even unhinged, display of id amounted to just that? Or to a free-form, last-ditch effort to defend the nomination on the eve of crucial testimony from Ford and Kavanaugh before the Senate Judiciary Committee on Thursday? Or to a calculated trial balloon for withdrawing it (“I could pick a woman, and she could have charges made from many years ago also,” he said at one point)? Or to some combination of all of the above? The assessment of Nicolle Wallace, the former George W. Bush and John McCain aide, was succinct, and indisputable.
“I suspect,” she tweeted, “that the 25th Amendment might be discussed more widely if there were daily press conferences.”
Yesterday, Morning Consult released a news poll on the Kavanaugh nomination: Republican Women Lose Faith in Kavanaugh — and Trump — After Week of Accusations.
Public support for Judge Brett Kavanaugh to fill the vacant Supreme Court seat has dropped to its lowest point since President Donald Trump nominated him in July, driven in large part by a sector of the president’s base: Republican women.
A new Morning Consult/Politico poll, conducted Sept. 20-23, found support for Kavanaugh’s confirmation is underwater among registered voters for the first time since his nomination, with 37 percent opposing the Senate confirming him and 34 percent supporting it.
The new finding marks a 5-percentage-point drop in net support since a poll conducted last week, after Christine Blasey Ford detailed her allegation that Kavanaugh sexually assaulted her while the two were in high school, a charge he has repeatedly denied.
Read more at the link above.
Important reads from women writers:
Lili Loofbourow at Slate: Brett Kavanaugh and the Cruelty of Male Bonding.
For what it’s worth, and absent evidence or allegations to the contrary, I believe Brett Kavanaugh’s claim that he was a virgin through his teens. I believe it in part because it squares with some of the oddities I’ve had a hard time understanding about his alleged behavior: namely, that both allegations are strikingly different from other high-profile stories the past year, most of which feature a man and a woman alone. And yet both the Kavanaugh accusations share certain features: There is no penetrative sex, there are always male onlookers, and, most importantly, there’s laughter. In each case the other men—not the woman—seem to be Kavanaugh’s true intended audience. In each story, the cruel and bizarre act the woman describes—restraining Christine Blasey Ford and attempting to remove her clothes in her allegation, and in Deborah Ramirez’s, putting his penis in front of her face—seems to have been done in the clumsy and even manic pursuit of male approval. Even Kavanaugh’s now-notorious yearbook page, with its references to the “100 kegs or bust” and the like, seems less like an honest reflection of a fun guy than a representation of a try-hard willing to say or do anything as long as his bros think he’s cool. In other words: The awful things Kavanaugh allegedly did only imperfectly correlate to the familiar frame of sexual desire run amok; they appear to more easily fit into a different category—a toxic homosociality—that involves males wooing other males over the comedy of being cruel to women.
In both these accounts, Kavanaugh is laughing as he does something to a woman that disturbs or traumatizes her. Ford wrote in her letter to Sen. Dianne Feinstein, “Kavanaugh was on top of me while laughing with [Mark] Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state. With Kavanaugh’s hand over my mouth, I feared he may inadvertently kill me.”
“Brett was laughing,” Ramirez says in her account to the New Yorker. “I can still see his face, and his hips coming forward, like when you pull up your pants.” She recalled another male student shouting about the incident. “Somebody yelled down the hall, ‘Brett Kavanaugh just put his penis in Debbie’s face,’ ” she said.
If these allegations are true, one of the more shocking things about them is the extent to which the woman being mistreated exists in a room where the men are performing for each other—using the woman to firm up their own bond.
Please read the whole thing if you haven’t already.
Alexandra Lescaze, also at Slate: We Didn’t Call It Rape. Lescase writes that the allegations against Kavanaugh are very familiar to her as a graduate of a DC-area private school.
I wish I were surprised. A week ago Sunday when Ford first shed her anonymity, detailing her sexual assault allegation against Kavanaugh to the Washington Post, I wrote a note in the Facebook alumni group of my high school, National Cathedral School. I told my 1988 classmates that Ford’s story was bringing back disturbing high school memories. Apparently, I was not alone. A lot of women now in their 40s and 50s, who went to these single-sex D.C. prep schools in the 1980s, have been reaching out to each other in fraught emails and chats over the past week. Not only did the Holton-Arms alumnae start a petition in support of Ford, their fellow alum; there’s also one for anyone to sign who survived that toxic time and place.
I don’t personally know Ford now, and I didn’t know her in high school. But as the Holton women wrote, what Ford is alleging is “all too consistent with what we heard and lived while attending Holton. Many of us are survivors ourselves.” And what Elizabeth Rasor alleges Mark Judge told her is not foreign to me, either. Whether and how the nation comes to hear more about these specific stories, they have evoked a collective scream.
A large part of my high school experience were the parties at cavernous houses with multiple bedrooms, huge dark basements with enormous sofas and yards, and lots and lots of beer. No parents—thinking back on it now, as a parent myself—were ever around. We traveled in groups and knew never to leave a friend alone at a party, but there was so much drinking that we sometimes lost track of each other. It could be difficult to know where your friends were and—if they were in a room with a boy—what was going on in there.
Every June, we had Beach Week—a tradition also described in a Washington Post piece about Ford—in which teenagers actually rent houses to party at the beach, something I still don’t quite comprehend. I distinctly remember being at a Beach Week party with my then-boyfriend when it dawned on us that there was a drunk girl in a room down the hall, and boys were “lining up” to go in there and, presumably, have their way with her. We didn’t know for sure, but my boyfriend and my friend’s boyfriend went to interrupt it and sent her on her way down the stairs. All I remember about her is that she was in the class above us and had dark hair. My friend has told me she remembers boys saying, “I’m next,” which was why our boyfriends went to stop it.
More to check out, links only:
Emily Jane Fox at The Atlantic: “I Was Ashamed”: After Ford’s Accusation, Holton-Arms Alumnae Wrestle With Their Own Truths—Together.
Jessica Valenti: How Very Bad Men Get Away With Rape. “It takes one person to commit a rape, but a village to let them get away with it over and over.”
Kate Manne at The New York Times: Brett Kavanaugh and America’s ‘Himpathy’ Reckoning.
If you watch the hearing, I hope you’ll share your reactions in the comment thread below.
I said a few days ago that I didn’t believe Brett Kavanaugh would be confirmed to the Supreme Court. I’m even more sure of that now. It’s looking like the Republicans don’t have the votes as of now, and each days that goes by more ugly information comes out about Trump’s nominee.
Politico: GOP support for Kavanaugh wavers.
Senate Republicans have gone from confidently predicting the confirmation of Brett Kavanaugh to the Supreme Court to a new message: It all comes down to Thursday.
The GOP is staking Kavanaugh’s prospects to his hearing later this week, when he and Christine Blasey Ford will testify publicly about her allegations that Kavanaugh sexually assaulted her in high school more than 30 years ago. It’s a shift that puts some of the onus on Kavanaugh to convince a growing number of wary senators whether his word is more credible than hers in the battle over the high court seat.
Senate Majority Leader Mitch McConnell (R-Ky.) is warning his colleagues publicly and privately that his plan is to hold a floor vote on Kavanaugh no matter what happens in the Judiciary Committee, possibly as soon as early next week. Though Kavanaugh currently lacks the votes to be confirmed, the GOP leader is signaling that he will hold the vote anyway to force all 100 senators to go on record and put maximum pressure on red state Democrats that the GOP is hoping to defeat this fall, Republican senators said.
Whether that vote will be successful remains in doubt, the senators said.
That’s quite a shift. And more information could very well come out. Even a Yale professor who strongly supported Kavanaugh’s nomination is now having second doubts. The Yale Daily News: Second thoughts on Kavanaugh, by Akhil Amar.
Minutes after President Trump nominated Judge Brett Kavanaugh ’87 LAW ’90 to the Supreme Court, I published a controversial op-ed in The New York Times endorsing the nomination. I later testified in support of Kavanaugh on the final day of his confirmation hearings. I still stand by what I have said about Kavanaugh’s uniquely impressive judicial and scholarly record over the last dozen years. But now that serious accusations have arisen about his conduct in his teenage years, I believe that these accusations deserve the best and most professional investigation possible — even if that means a brief additional delay on the ultimate vote on Judge Kavanaugh, and even if that investigatory delay imperils his confirmation.
As agonizing as this delay might be for all concerned, in the long run this additional investigation is the best way forward, not just for the Court and the country and Kavanaugh’s accusers, but also for Kavanaugh himself. If the investigation’s facts and findings support him, then he will join the Court in the sunshine and not under a cloud. If instead the investigation uncovers compelling evidence against him, President Trump should be ready with a pre-announced back-up nominee.
Read the rest at the link.
I don’t know whether to buy into Michael Avenatti’s claims about a woman he represents or not. I really don’t like the way he’s hyping whatever he knows on Twitter and in TV appearances instead of having the woman and her other witnesses talk to someone in the media. The Daily Beast:
On Sunday evening, just as The New Yorker revealed the identity of a second woman accusing Supreme Court nominee Brett Kavanaugh of sexual misconduct, attorney Michael Avenatti announced that he, too, had “credible information” about Kavanaugh and his high-school friend Mark Judge.
The media-savvy lawyer told The Daily Beast on Monday that his client would be coming forward “in the next 48 hours” with details and accusations that mirrored those already leveled and could, in his estimation, torpedo Kavanaugh’s confirmation—all of which would seem helpful for Democrats as they make the case that Kavanaugh is morally unfit to sit on the Supreme Court….
Avenatti, who has flirted with a 2020 presidential bid, has so far revealed only some information about the allegations he is set to bring forward. He has yet to provide evidence or identify the woman he is representing, only teasing that he may do so via a television interview before Kavanaugh and Christine Blasey Ford—who has accused the federal judge of sexual assault—appear before the Senate Judiciary Committee on Thursday.
Still, Rachel Maddow thought it was worth having Avenatti on her show last night, so I’ll reserve judgement until I see what he reveals tomorrow.
Based on watching his testimony to the Senate Judiciary Committee and what I’ve seen of his Fox News interview last night, I have to say that Kavanaugh is a completely unimpressive person. I have to wonder if he would have gotten as far in his career as he has if he had not been dialed into the right wing anti-Clinton forces back in the 1990s.
Last night on Fox News, Kavanaugh came across as weird–wearing heavy pancake makeup, repeating the same talking points over and over, and seeming almost whiny about what he’s going through. Some clips from Aaron Rupar’s Twitter feed:
Kavanaugh repeatedly claimed that he always treated women with respect, but that claim was destroyed by a disgusting report in The New York Times last night: Kavanaugh’s Yearbook Page Is ‘Horrible, Hurtful’ to a Woman It Named.
Brett Kavanaugh’s page in his high school yearbook offers a glimpse of the teenage years of the man who is now President Trump’s Supreme Court nominee: lots of football, plenty of drinking, parties at the beach. Among the reminiscences about sports and booze is a mysterious entry: “Renate Alumnius.”
The word “Renate” appears at least 14 times in Georgetown Preparatory School’s 1983 yearbook, on individuals’ pages and in a group photo of nine football players, including Judge Kavanaugh, who were described as the “Renate Alumni.” It is a reference to Renate Schroeder, then a student at a nearby Catholic girls’ school.
Two of Judge Kavanaugh’s classmates say the mentions of Renate were part of the football players’ unsubstantiated boasting about their conquests.
“They were very disrespectful, at least verbally, with Renate,” said Sean Hagan, a Georgetown Prep student at the time, referring to Judge Kavanaugh and his teammates. “I can’t express how disgusted I am with them, then and now.”
The woman who was the butt of these sickening “jokes” never knew about it until recently.
This month, Renate Schroeder Dolphin joined 64 other women who, saying they knew Judge Kavanaugh during their high school years, signed a letter to the leaders of the Senate Judiciary Committee, which is weighing Judge Kavanaugh’s nomination. The letter stated that “he has behaved honorably and treated women with respect.”
When Ms. Dolphin signed the Sept. 14 letter, she wasn’t aware of the “Renate” yearbook references on the pages of Judge Kavanaugh and his football teammates.
“I learned about these yearbook pages only a few days ago,” Ms. Dolphin said in a statement to The New York Times. “I don’t know what ‘Renate Alumnus’ actually means. I can’t begin to comprehend what goes through the minds of 17-year-old boys who write such things, but the insinuation is horrible, hurtful and simply untrue. I pray their daughters are never treated this way. I will have no further comment.”
Obviously, Kavanaugh was not respectful to women when he was in high school and he isn’t now based on his judicial opposition women’s bodily autonomy. Read more about the yearbook page vs. the Fox News interview in this piece by James Hohman at The Washington Post: The Daily 202: Kavanaugh’s memory of himself in high school is very different than his portrayal in the yearbook.
Last night, a man who was Kavanaugh’s roommate during his freshman year at Yale came forward, speaking to ABC News in San Mateo, CA: Supreme Court nominee Brett Kavanaugh’s Yale roommate says he believes second accuser.
James Roche says he was Kavanaugh’s roommate in the Fall of 1983.
“We shared a two-bedroom unit in the basement of Lawrence Hall on the Old Campus. Despite our living conditions, Brett and I did not socialize beyond the first few days of freshman year. We talked at night as freshman roommates do and I would see him as he returned from nights out with his friends,” Roche said in a statement….
“It is from this experience that I concluded that although Brett was normally reserved, he was a notably heavy drinker, even by the standards of the time, and that he became aggressive and belligerent when he was very drunk. I did not observe the specific incident in question, but I do remember Brett frequently drinking excessively and becoming incoherently drunk.”
Roche says he became friends with Debbie Ramirez. “She stood out as being exceptionally honest, with a trusting manner. As we got to know one another, I discovered that Debbie was very worried about fitting in. She felt that everyone at Yale was very rich, very smart and very sophisticated and that as a Puerto Rican woman from a less privileged background she was an outsider. Her response was to try hard to make friends and get along.”
Deborah Ramirez is the woman who accused Kavanaugh of exposing his penis and waving in her face during a drinking game. In case you haven’t read it yet, here’s the article in The New Yorker by Ronan Farrow and Jane Mayer published on Sunday: Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh’s College Years.
In his Fox News interview, Kavanaugh claimed this couldn’t possibly have happened because it would have been the talk of the campus. But according to the article, students were talking about it then and are still doing so now.
Kavanaugh also claimed in the interview that he never had intercourse in high school and for years afterward. But of course he hasn’t been charged with that and there are many ways to sexually assault someone without vaginal penetration. Yuck I can hardly believe he said that on TV. So embarrassing for him and his wife!
Now people have come forward to say either that’s not true or he lied to them.
Kantrowitz is a professor of history at the University of Wisconsin and an award-winning author.
I guess that’s it for me today. I really think Kavanaugh’s nomination will be withdrawn before the scheduled Thursday hearing. If it isn’t, the Republicans are going to look even worse than they do now.
I know there’s lots more happening in the news. What stories are you following?
I’m getting a slow start today because I’ve been having stabbing pain in my right eye from falling asleep with my face in the pillow. I don’t know why this happens. It might be because I have surgically inserted lenses in my eyes. Anyway, that’s my excuse for being so late.
You’ve probably seen this by now, but when I read it last night everything about fell into place for me. Brett Kavanaugh is the culmination of the “vast right wing conspiracy” that Hillary Clinton warned us about so long ago.
Twenty years ago, when I was a conservative movement stalwart, I got to know Brett Kavanaugh both professionally and personally.
Brett actually makes a cameo appearance in my memoir of my time in the GOP, “Blinded By The Right.” I describe him at a party full of zealous young conservatives gathered to watch President Bill Clinton’s 1998 State of the Union address — just weeks after the story of his affair with a White House intern had broken. When the TV camera panned to Hillary Clinton, I saw Brett — at the time a key lieutenant of Ken Starr, the independent counsel investigating various Clinton scandals — mouth the word “bitch.”
But there’s a lot more to know about Kavanaugh than just his Pavlovian response to Hillary’s image. Brett and I were part of a close circle of cold, cynical and ambitious hard-right operatives being groomed by GOP elders for much bigger roles in politics, government and media.
Call it Kavanaugh’s cabal: There was his colleague on the Starr investigation, Alex Azar, now the Secretary of Health and Human Services. Mark Paoletta is now chief counsel to Vice President Mike Pence; House anti-Clinton gumshoe Barbara Comstock is now a Republican member of Congress. Future Fox News personalities Laura Ingraham and Tucker Carlson were there with Ann Coulter, now a best-selling author, and internet provocateur Matt Drudge.
Brock details how Kavanaugh became the “designated leaker” in the Starr investigation and how used his position to weaponize right wing conspiracy theories.
Another compatriot was George Conway (now Kellyanne’s husband), who led a secretive group of right-wing lawyers — we called them “the elves” — who worked behind the scenes directing the litigation team of Paula Jones, who had sued Clinton for sexual harassment. I knew then that information was flowing quietly from the Jones team via Conway to Starr’s office — and also that Conway’s go-to man was none other than Brett Kavanaugh.
That critical flow of inside information allowed Starr, in effect, to set a perjury trap for Clinton, laying the foundation for a crazed national political crisis and an unjust impeachment over a consensual affair.
Please read the rest if you haven’t already.
The New York Times Editorial Board weighs in on Kavanaugh: Confirmed: Brett Kavanaugh Can’t Be Trusted. A perfect nominee for a president with no clear relation to the truth.
In a more virtuous world, Judge Brett Kavanaugh would be deeply embarrassed by the manner in which he has arrived at the doorstep of a lifetime appointment to the Supreme Court.
He was nominated by a president who undermines daily the nation’s democratic order and mocks the constitutional values that Judge Kavanaugh purports to hold dear.
Now he’s being rammed through his confirmation process with an unprecedented degree of secrecy and partisan maneuvering by Republican senators who, despite their overflowing praise for his legal acumen and sterling credentials, appear terrified for the American people to find out much of anything about him beyond his penchant for coaching girls’ basketball.
Perhaps most concerning, Judge Kavanaugh seems to have trouble remembering certain important facts about his years of service to Republican administrations. More than once this week, he testified in a way that appeared to directly contradict evidence in the record.
Read numerous examples of Kavanaugh’s mendacity at the link.
Kavanaugh received and used stolen Democratic emails when he worked in the Bush White House, and he’s not the least bit sorry. The Washington Post: Leahy says Kavanaugh was ‘not truthful’ about Democratic documents.
Sen. Patrick J. Leahy (D-Vt.) said Friday that Supreme Court nominee Brett Kavanaugh was “not truthful” when he denied knowing that he had received documents that Leahy said had been “stolen” from him and other Democrats.
Leahy said that emails disclosed during Kavanaugh’s nomination hearing this week buttress his case that Kavanaugh knew, or should have known, that he had received documents that Republican staffers took from a computer jointly shared with Democrats.
Leahy’s charge stems from an infamous episode between 2001 and 2003 when a Republican counsel on the Senate Judiciary Committee, Manuel Miranda, learned that Democrats on the panel had put documents on a computer server shared with Republicans. Miranda said in an interview that he read them to learn about the party’s strategy on judicial nominations coming before the committee.
At the time, Kavanaugh was associate counsel in the White House and was responsible for helping to vet judicial nominees who would appear before the Judiciary Committee.
As I’m sure you’ve heard, Kavanaugh lied about this affair in previous confirmation hearings.
Supreme Court nominee Brett Kavanaugh has made declarations under oath during his current and past confirmation hearings that are contradicted by documents from his time as a counsel to the president and staff secretary in the George W. Bush White House. Newly released documents have undermined Kavanaugh’s declarations to the Senate Judiciary Committee, contradictions that are drawing close scrutiny from many Democrats. Kavanaugh has denied making any misleading or false statements.
His role in accessing stolen documents: In 2002, a GOP aide on the Senate Judiciary Committee, Manuel Miranda, stole thousands of documents belonging to the committee’s Democratic staff. At the time, Kavanaugh was a White House lawyer working on judicial nominations, which included working alongside Miranda. In 2003, President Bush nominated Kavanaugh to his current position on the DC Circuit Court of Appeals and his confirmation hearing was held in 2004—though he was not confirmed until two years later. During his 2004 hearing, Kavanaugh denied ever receiving any of the documents Miranda stole. Asked if he “ever come across memos from internal files of any Democratic members given to you or provided to you in any way?” he replied, “No.” In 2006, also under oath, he again denied ever receiving stolen documents….
Warrantless wiretapping: At a 2006 confirmation hearing, Kavanaugh told Sen. Patrick Leahy (D-Vt.) that he knew nothing of the NSA’s warrantless wiretapping program, launched under President George W. Bush, until the New York Times revealed it publicly in 2005. Kavanaugh insisted he’d heard “nothing at all” about the program before that, even though he was a senior administration aide. But a September 17, 2001 email provided to the New York Times this week shows that Kavanaugh was involved in at least initial discussions about the widespread surveillance of phones that characterized the NSA program….
Torture: During the same 2006 confirmation hearing, Kavanaugh told Sen. Dick Durbin (D-Ill.) that he “was not involved” in legal questions related to the detention of so-called enemy combatants. But Durbin said Thursday that records show that there are at least three recorded examples of Kavanaugh participating in discussions of Bush administration detainee policy. Kavanaugh stood by his prior answer.
Please read the rest of the examples and explanations at Mother Jones.
More interesting reads, links only:
Just Security: Judge Kavanaugh’s Testimony on His Constitutional View of Presidential Immunity is Misleading—and It Also Clinches the Case for Recusal.
The New York Times: Trump Administration Discussed Coup Plans With Rebel Venezuelan Officers.
New York Review of Books: ‘Bless Nixon for Those Tapes’: An Interview with John Dean.
What stories have you been following?
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.