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Archive of posts published in the tag: Brett Kavanaugh

The Source of Judicial Controversies

“Regulation by agencies is relatively simple to promulgate—it merely takes the time and patience necessary to announce a rule, take comments, and show that the comments were in some way taken into consideration. Navigating bureaucratic procedure and red tape is easy compared with cobbling together a majority (or supermajority) of both houses of Congress and winning the president’s support. “

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Non-Delegation and the Administrative State

James Madison stated in Federalist #47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In 1933 two laws were struck down on the non-delegation principle, the effective delegation of legislative authority to unelected regulatory agencies. The recent court has prepared to revisit that principle.

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The Identity Cult

Identity politics and its accusation of “privilege” is collective guilt.  It is the opposite of individual rights.  In the case of Kavanaugh it is used to undo due process and the basis of our legal system.  The illusion of social justice is used to destroy the reality of legal justice, the justice that truly counts and protects all of us from the mobs feared by our founders.

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Midterm Realities

The adage that we vote our pocketbooks only applies if the economy sucks. A candidate gets less credit for a strong economy than he gets the blame for a weak economy.

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Policy and Perceptions

It is a recurring lesson that most voters care less about policy than subjective perceptions. As big problems are addressed lesser problems become more pronounced. The difference between the right and the left is less about the substance of the policies than the weight allotted to them.

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Why Was It Even Close?

His combative tone is welcomed by his supporters and hated by the opposition.  He is solidifying his base and turning his reluctant supporters into committed supporters, but Trump is less effective at getting new supporters.  

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Social Justice vs Truth

“In a reversal of traditional liberal values, the left now prioritizes social justice over free speech, respect for facts, and the marketplace of ideas. “

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Demonic

“Democratic leaders should stand up to the screamers. They haven’t, because they’re afraid of them. But things like this spread and deepen.”

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Their Last Worst Act

Nancy Pelosi remains as viscerally objectionable today as she was then. Only today she is joined by Kamala Harris, Elizabeth Warren, Ortessa-Cortez, Cory ‘Spartacus’ Booker, Maxine Waters, Bernie Sanders, and now Diane Feinstein. I used to consider Ms. Feinstein a class above the rest of this crowd but she humiliated herself in the Kavanaugh debacle. We are remembered by our last worst act.

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Challenging the Divine Right to Rule

“The ordinary political processes of the United States have produced results that the Left does not like, and, hence, those processes and the institutions that enable them must be considered illegitimate.”

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Steering #MeToo into Destruction

“Once #MeToo became an arm of the progressive political movement, as witnessed by the Kavanaugh debacle, it lost credence as a movement of righteous indignation whose targets were mostly contrite predators. “

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Cruelty in Deeds vs Words

“And as far as his demonstrable crudity and uncouthness, the hearings showed that the Democrats were far crueler and crass in deed than Trump was in word. So perhaps half of the small minority of Republican Never Trumpers, in horror at the Antifa tactics of the Democrats, retreated to the old adage of “hang together or hang separately.”

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Kavanaugh Postscript

Both sides think the results will improve their turnout. Women who have experienced abuse are sympathetic to Ford’s testimony, but I believe that the Kavanaugh victory is moving more votes left to right than the other way. The mob is a greater threat than an imperfect judicial process to most voters.

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The Avenatti Toxin

By bringing such extreme unfounded allegations he tarnished the far more believable act contended by Ms. Ford, even if her case had no corroboration.  He also tarnished the credibility of his other client, Ms. Daniels.

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Calvinball Justice

Defending their daughters, mothers and sisters does not mean abandoning their sons, fathers and brothers.  Belief does not trump evidence and justice.  Accusations as a final arbiter are just sexual McCarthyism.

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Breitbart 2.0

The Kavanaugh travesty has united the right better than anything that Trump could have designed. It has clarified the opposition better than anything since Clarence Thomas.

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Kavanaugh vs The Resistance

A charge with no corroboration should never have made it to the floor.  It should have been addressed and dismissed in committee. Feinstein’s delay and politically timed release was reprehensible, and she should be censured for it. Regardless of what happens with Kavanaugh there should be a full Senate investigation into the tactics deployed by the Democrats on the committee.

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Identity Politics Goes Nuclear

These institutions were under full frontal assault in the Kavanaugh hearing.  In desperation to preserve their most cherished right they dropped all pretenses of loyalty to the institutions that protect all of our rights.  They are willing to sacrifice due process and the presumption of innocence to even the smallest threat to Roe v Wade.

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Sex, Lies and Politics

The Kavanaugh hearing weaponized the movement. Instead of handling the 36-year-old allegation in private in a timely manner it was manipulated to achieve maximum political advantage; blocking a critical appointment at all cost and providing an opportunity for massive fundraising.  In the course of this strategy the most fundamental differences in the two parties took clear form, amplified by the passions of the #MeToo movement.

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The Private and the Public

The cause, which is usually a permanently revolutionary one, always matters more than any individual’s possible innocence. You are, in fact, always guilty before being proven innocent. You always have to prove a negative. And no offense at any point in your life is ever forgotten or off the table.”

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