When Brett Kavanaugh was named a Supreme Court justice last fall, a world in which access to abortions would be significantly limited, if not downright illegal, became more likely. Late last month, Georgia joined a handful of Republican-led states positioning themselves to lead the charge if Roe v. Wade, the seminal Supreme Court decision that legalized abortion, were to be overturned.
Kavanaugh's first Supreme Court dissent is a mess of omissions and misrepresentations. What is perhaps less obvious, at least at first glance, is the level of intellectual dishonesty baked into a four-page dissent penned by the court’s newest justice, Brett Kavanaugh. Kavanaugh voted along with Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch to deny the stay, but was the only justice to try to explain his thinking in writing. If he wanted to maintain the fidelity-to-precedent fiction he peddled at his confirmation hearings, it probably would have been better if he had stayed silent. The document is a mess of omissions and misrepresentations dressed up to appear anodyne.
Federal judges reviewing complaints lodged against Supreme Court Justice Brett Kavanaugh said Tuesday that the allegations against the former federal appeals court judge are "serious" but that they must dismiss them without determining their merits because of Kavanaugh's October confirmation by the U.S. Senate.
The 41st and 45th presidents may have differed greatly in their approach to politics. But when it comes to their legacies, one thing is exactly the same: Both nominated men to the Supreme Court who would be accused of sexual misconduct, and both stood behind those men in their confirmation battles. Clarence Thomas has now served on the Supreme Court for 27 years, his decisions affecting Americans long after Bush, a one-term president, left office. Brett Kavanaugh is also likely to serve on the Court for decades, long outlasting Trump’s presidency no matter what happens in 2020.
With full Democratic control of the federal government, calls came for an investigation into the scandals of the Bush administration, including torture, mass surveillance, and war profiteering. While some called for criminal prosecutions, others wanted hearings or an independent investigation that would — at minimum — put into the public record the details of who did what and when.
Chief Justice John G. Roberts Jr. has received more than a dozen judicial misconduct complaints in recent weeks against Brett M. Kavanaugh, who was confirmed as a Supreme Court justice Saturday, but has chosen for the time being not to refer them to a judicial panel for investigation.
Conservatives did not stand idle while the FBI completed its limited investigation on Brett Kavanaugh. While this unfolded, Dr Christine Blasey Ford has been subjected to a full-frontal personal attack, which has been taken up by all segments of rightwing media. But while most ostensibly respectable outlets contented themselves with attacks on her credibility, others have leapt headlong into conspiracy theory.
The FBI hasn’t interviewed Supreme Court nominee Brett Kavanaugh or Christine Blasey Ford because it doesn’t have clear authority from the White House to do so, according to two people with knowledge of the matter. Instead, the White House has indicated to the FBI that testimony from Kavanaugh and Ford, who has accused him of attempting to rape her when they were in high school, before the Senate Judiciary Committee last week is sufficient, said the people, who asked to not be identified discussing the sensitive matter.
Last year, before he became a supreme court nominee, Brett Kavanaugh hired the son of a close friend to serve as his clerk, even though the clerk had not earned a spot on the Yale Law Journal, as almost all Kavanaugh’s previous Yale clerks had. The decision to hire Clayton Kozinski, son of the now disgraced judge Alex Kozinski, smacked of the kind of cronyism that is rife in federal courts. It was especially common for Kavanaugh, who not only had a reputation for hiring “model-like” female clerks, but also the children of powerful friends and allies.
The Senate Judiciary Committee voted along party lines Friday to advance the Supreme Court nomination of Judge Brett M. Kavanaugh after securing a key vote from Sen. Jeff Flake, who asked for a delay of up to a week before the full Senate votes. Flake (R-Ariz.) said the delay would allow a limited FBI investigation of allegations of sexual assault while Kavanaugh was a teenager.
Merkley is alleging that the Trump administration is violating the separation of powers by not releasing hundreds of thousands of documents related to Kavanaugh’s time as a lawyer in President George W. Bush’s administration, charging that this knowingly prevented senators from doing their constitutional duty to advise and consent the president by vetting Kavanaugh.
President Trump on Tuesday attacked the second woman who has accused Judge Brett M. Kavanaugh of sexual misconduct, dismissing her account because she was “totally inebriated and all messed up,” and accused Democrats of playing a “con game” in an attempt to derail his Supreme Court nominee.
On Thursday night, conservative legal operative Ed Whelan sent a series of tweets suggesting that the sexual assault allegations against Brett Kavanaugh were likely a case of mistaken identity. His evidence was that a high school classmate of Kavanaugh’s kind of looked like him, and lived in a childhood home that sounded similar to the home where Kavanaugh’s accuser, Christine Blasey Ford, described the assault taking place.
A big reason Judge Brett M. Kavanaugh’s accuser says she doesn’t want to testify in the Senate without first having her claims investigated by the FBI is she doesn’t think she’ll be treated objectively and fairly by politicians. Senate Majority Leader Mitch McConnell (R-Ky.) just thoroughly justified Christine Blasey Ford’s concerns. In comments Friday, he laid plain his intention to put Kavanaugh on the Supreme Court, apparently no matter what Ford has to share.
A top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a “mentor to women” privately told a group of law students last year that it was “not an accident” that Kavanaugh’s female law clerks all “looked like models” and would provide advice to students about their physical appearance if they wanted to work for him, the Guardian has learned.
The top Republican and Democrat on the Senate Judiciary Committee were both approached in July by an attorney claiming to have information relevant to the confirmation of Brett Kavanaugh to the Supreme Court. The attorney claimed in his letter that multiple employees of the federal judiciary would be willing to speak to investigators, but received no reply to multiple attempts to make contact, he told The Intercept.
I used to know Brett Kavanaugh pretty well. And, when I think of Brett now, in the midst of his hearings for a lifetime appointment to the U.S. Supreme Court, all I can think of is the old "Aesop's Fables" adage: "A man is known by the company he keeps." And that's why I want to tell any senator who cares about our democracy: Vote no.
It’s objectively unprecedented for the Senate to be provided such a small fraction of the documents related to a Supreme Court nominee’s past work, as in the case of Judge Brett Kavanaugh. During Wednesday’s confirmation hearing, Sen. Dick Durbin (D-IL) caught Judiciary Committee Chairman Sen. Chuck Grassley (R-IA) in an apparent lie about why that is.