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If Kavanaugh Is 'Partisan,' Should We Impeach Justice RBG?
Townhall.com ^ | October 11, 2018 | Larry Elder

Posted on 10/11/2018 8:53:09 AM PDT by Kaslin

Forcefully responding to allegations of sex assault, Judge Brett Kavanaugh said in his confirmation hearing rebuttal, "This whole two-week effort has been a calculated and orchestrated political hit -- fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups."

This set off a brand-new argument against Kavanaugh, as his foes began proclaiming that he lacked the appropriate "judicial temperament" to join the Supreme Court.

Apparently, during the last 12 years as a judge on the country's second-most important court, Kavanaugh's judicial temperament was never a problem. Liberal pundits professed "shock" at Kavanaugh's "angry outburst." Is there something called, "The Playbook on Proper Demeanor When Accused Without Corroboration of Attempted Rape"? At stake was not just Kavanaugh's confirmation to the Supreme Court, but his entire livelihood. If, due to uncorroborated allegations of sexual assault, he had lost the confirmation, how could someone so tainted go back to work Monday morning as an appellate judge of the D.C. circuit court?

Retired Supreme Court Justice John Paul Stevens said: "I've changed my views (on Kavanaugh) for reasons that have no really relationship to his intellectual ability or his record as a federal judge. He's a fine federal judge. ... I think that his performance during the hearings caused me to change my mind. ... He has demonstrated a potential bias involving enough potential litigants before the court that he would not be able to perform his full responsibilities, and I think there's merit in that criticism. ... It's not healthy to get a new justice that can only do a part-time job. ... There are enough people who've been put in categories for which he would be unable to sit as a judge."

Approximately 2,400 law professors signed a letter, published in The New York Times, which argued that Kavanaugh's "intemperate, inflammatory and partial manner" rendered him unsuitable to become a Supreme Court justice. The professors said: "We have differing views about the other qualifications of Judge Kavanaugh. But we are united, as professors of law and scholars of judicial institutions, in believing that he did not display the impartiality and judicial temperament requisite to sit on the highest court of our land."

As to what Kavanaugh's so-called conspiratorial view says about his fitness for public service, does this concern extend to presidential candidates? Consider this infamous conspiratorial accusation: "The great story here, for anybody willing to find it and write about it and explain it," then-first lady Hillary Clinton said in 1998, "is this vast right-wing conspiracy that has been conspiring against my husband since the day he announced for president." As a presidential candidate in 2015, Clinton said, "The NRA's position reminds me of negotiating with the Iranians or the communists." To Democrats, Clinton's "conspiratorial world view" did not render her unacceptable as president.

To those who say Kavanaugh disqualified himself as an "impartial jurist," consider the "judicial temperament" of Supreme Court Justice Ruth Bader Ginsburg, a heroic figure to the left. In a July 2016 interview with The New York Times, Ginsburg said of candidate Donald Trump: "I can't imagine what the country would be with Donald Trump as our president" and that her late husband would have said it was "time for us to move to New Zealand."

Undaunted, Ginsburg later told CNN she considered Trump a "faker," adding: "He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. ... How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that."

How's that for bias, judicial temperament and a blatant disregard for the expectation of impartiality? Ginsburg later apologized: "On reflection, my recent remarks in response to press inquiries were ill-advised, and I regret making them. Judges should avoid commenting on a candidate for public office. In the future, I will be more circumspect."

Kanavaugh apologized, too. In an opinion piece published in the Wall Street Journal days before his confirmation, Kavanuagh writes: "At times, my testimony -- both in my opening statement and in response to questions -- reflected my overwhelming frustration at being wrongly accused, without corroboration, of horrible conduct completely contrary to my record and character. My statement and answers also reflected my deep distress at the unfairness of how this allegation has been handled.

"I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said. I hope everyone can understand that I was there as a son, husband and dad. I testified with five people foremost in my mind: my mom, my dad, my wife, and most of all my daughters."

Liberals see no basis for Ginsburg to recuse herself from cases involving Trump, despite her partisan attack. Will they extend Kavanaugh the same courtesy?


TOPICS: Culture/Society; Editorial
KEYWORDS: ruthbaderginsburg
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Comment #21 Removed by Moderator

To: ExTexasRedhead

I think she needs an EKG to make sure she isn’t dead.


22 posted on 10/11/2018 10:41:25 AM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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To: Kaslin

If RBG steps down, I would love to see Trump nominate a Black Female to replace her...


23 posted on 10/11/2018 10:41:55 AM PDT by Deplorable American1776 (Proud to be a DeplorableAmerican with a Deplorable Family...even the dog is, too. :-))
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To: Crazy Little Woman
Kavanaugh is partisan, regardless of what he claims. Only a fool would believe otherwise. Just as only a fool would believe that Sotomayor or Ginsburg or Kagan aren't partisan.
No one can know that they themselves are objective. To that extent, I agree.

But I think Kavanaugh, as did Scalia, will be very circumspect about cases in which he likes the outcome too much. That is when you have the most reason to suspect yourself of bias.


24 posted on 10/11/2018 11:30:30 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: Crazy Little Woman

” She keeps the seat until death or resignation or impeachment removes her from it.”

RBG is quite old and has or has had pancreatic cancer. Many younger people die from that within 2 months of diagnosis. She may have had remission or is taking cancer meds that are keeping it at bay. But that won’t last long at her age.


25 posted on 10/11/2018 12:25:14 PM PDT by Antipolitico
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To: Kaslin

Gingsberg still complaining about Trump’s TAX returns?

I was always taught that MY tax returns were between me, the IRS & the state government. NO ONE ELSE.

Someone has to show me where being President or even a candidate for President requires such a person to open up their tax returns.

Have we seen Ginsberg’s Tax returns? Roberts? Earl Warren?


26 posted on 10/11/2018 1:39:14 PM PDT by ridesthemiles
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To: penmack; AuH2ORepublican; BillyBoy; fieldmarshaldj; LS

The first impeachment of a President, Andrew Johnson, was entirely political. All he did was violate an unconstitutional law that limited his power.

He was a horrible President and I’d have wanted him out but I’d have searched for a better pretext.


27 posted on 10/11/2018 11:55:44 PM PDT by Impy (I have no virtue to signal)
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To: Kaslin

Leftists are nothing if not hypocrites.


28 posted on 10/12/2018 1:29:10 AM PDT by Richard Axtell (So, this is the Third World! What happened to the first two?)
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To: Antipolitico

https://www.freerepublic.com/focus/chat/3694914/posts?page=19#19

post#19

She had a stent put in for heart blockage.

She was diagnosed with colon cancer in 1999 and went through surgery, chemotherapy and radiation.

She also had surgery for pancreatic cancer.


29 posted on 10/12/2018 1:39:43 AM PDT by Nailbiter
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To: ExTexasRedhead
In my opinion, Buzzy needs a senility test or something to prove she’s not in a coma.

Shucks. She's only 85. Same age as the superannuated witch from California who caused all of the havoc of the last couple of weeks!

But sooner rather than later, her age will catch up. And then she will leave the Court feet first.

And then DJT gets to nominate her replacement. That is, if November works out.

Please be sure to vote! Only for R's! And for all R's on the ballot. Even if you are certain some D is more qualified!!

30 posted on 10/12/2018 1:44:58 AM PDT by cynwoody
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