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Sunday, October 7, 2018

Associate Justice Antonin Gregory Scalia Dies At Age 79

Associate Justice Antonin Gregory Scalia dies at age 79—he preached a static and stale legal pedanticism that neither our language nor Constitution could carry.


Res:

UPDATED 03/23/2016 CRS, Justice Antonin Scalia: His Jurisprudence and His Impact on the Court and Merrick Garland’s Nomination to the Supreme Court: Initial Observations



Web:

UPDATED 10/07/2018 WP, Kavanaugh Sworn in as Supreme Court Justice After Divided Senate Votes for Confirmation and WP, In SNL’s Cold Open, Republican Senators Celebrate Brett Kavanaugh’s Supreme Court Confirmation and NYT, Kavanaugh Is Sworn In After Close Confirmation Vote in Senate

Welcome Justice "Kegger" Kavanaugh to Hell and Then Some

...Kavanaugh is an unstable, unfit, unwell, and unbalanced Supreme Court justice...

...don't forget to laugh...


UPDATED 10/05/2018 NYT, The Senate Should Not Confirm Kavanaugh; Signed, 2,400+ Law Professors

...wow!...makes you wonder who the ABA, FBI, and Federalist Society spoke with about Kavanaugh...

...don't forget to laugh...NewYorkerSatire, Nation’s Criminals Ask for F.B.I. Investigation Kavanaugh Just Got...




UPDATED 10/02/2018 NBC, Text Messages Suggest Kavanaugh Wanted To Refute Accuser's Claim Before It Became Public and NewYorker, The Confusion Surrounding the F.B.I.’s Renewed Investigation of Brett Kavanaugh and NYT, The People the F.B.I. Has Interviewed in the Kavanaugh Investigation — and Those It Has Not and NYT, Chad Ludington’s Statement on Kavanaugh’s Drinking and Senate Testimony

...when you begin removing the wrapping around a carefully packaged Kavanaugh you discover misleading statements, dissembling,  lies, lack of candor, and earlier contact with potential witnesses...sounds like our unstable, unfit, unwell, and unbalanced "new" alt-white-house et al. and its Republican Party schlepps in the senate...

UPDATED 10/01/2018 WP, Kavanaugh Would Not Be Confirmed If FBI Probe Shows He Lied To Senate Committee, Jeff Flake Says and NYT, Democrats Denounce Limits on F.B.I.’s Kavanaugh Inquiry as a ‘Farce’ and USAToday, Brett Kavanaugh Was 'Belligerent and Aggressive' Drinker, Yale Classmate Says and Vox, Why Kavanaugh's Accusers Can't Remember Everything and NYT, Judge Kavanaugh Is One Angry Man and Slate, You Don’t Have to Be a Person With Alcoholism to Be a Problem Drinker


...Kavanaugh is an unstable, unfit, unwell, and unbalanced nomination to our Supreme Court made by our unstable, unfit, unwell, and unbalanced "new" alt-white-house et al...both are boorish, bullying belligerent liars...


...don't forget to laugh...NewYorkerSatire, Jeff Flake Announces Retirement from Humanity and Merrick Garland Says He Enjoys a Nice Lemonade Now and Again




UPDATED 10/03/2018  Bloomberg, Trump Orders Kavanaugh FBI Probe After Senate Delays Confirmation Vote (only after some senators required probe)



and NewYorker, E-mails Show That Republican Senate Staff Stymied a Kavanaugh Accuser’s Effort to Give Testimony and WP, Sen. Kamala Harris Refuses To Vote, Democrats Walk Out of Committee Room (kudos to the junior senator from California et al.) and NYT, American Bar Association Urges F.B.I. Inquiry Into Kavanaugh, as Jesuits Withdraw Endorsement  and Vox, All-Male Senate Judiciary Republicans Tap Arizona Prosecutor Rachel Mitchell for Thursday’s Kavanaugh Hearing and Vox, Report: Senate Staff Asks Brett Kavanaugh About Fourth Misconduct Allegation and Atlantic, Lindsey Graham’s Furious Defense of Brett Kavanaugh and Atlantic, Kavanaugh Goes Nuclear

...the Republican's hearing on sexual misconduct allegations against Kavanaugh is little more than their sham (Senator Graham (R-S.C.) and Kavanaugh doth protest too much) efforts to continue efforts to cram-down another unfit justice...but as Bob Dylan might say "The Times They Are A Changin'"


...appointing a female proxy prosecutor to conduct questioning for the majority committee of elderly all white male senators is a wonderful metaphor for a devolving and obsolete Republican Party...

...yes Senator Graham (R-S.C.), if you stand in a line awaiting your turn to sexually assault an impaired women you are a "gang rapist", whether you actually sexually assault the impaired women...your "righteous indignation" without the required FBI background investigation and thorough vetting is meaningless...


UPDATED 09/26/2018 WP, Kavanaugh Nomination: Third Woman Comes Forward with Sexual Misconduct Allegation

UPDATED 09/24/2018 Federalist, Fourth Supposed Witness To Kavanaugh Accuser’s Alleged Assault Indicates It Didn’t Happen and WP, Kavanaugh Accuser Will Testify Thursday in Front of Senate Judiciary Committee and NewYorker, Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh’s College Years and NewYorker, After the Kavanaugh Allegations, Republicans Offer a Shocking Defense: Sexual Assault Isn’t a Big Deal

...the "Federalist" is arguing a criminal case that doesn't exist and likely will not exist...

...nor is this a "he said-she said" or "innocent until proven guilty" case...

...it is she says with 91-98% veracity that she was sexually mistreated in a nation, which has a historical pattern of ignoring, dismissing, and mistreating women when they report sexual mistreatment (unsurprisingly, resulting in significant underreporting)...

...as a national policy on sexual mistreatment of women (and men) our nation must clearly, loudly, and continuously broadcast to our women (and men) that anytime you are sexually mistreated and report you will be believed, full stop...regardless of who your assaulter is...

...Blasey's assertion that she was sexually mistreated by Kavanaugh are enough to end his bid for a justiceship returning him to his judgeship on the DC Court of Appeals...

...conduct a fair investigate of the allegations of the sexual mistreatment and end his judgeship, if reasonable...

UPDATED 09/20/2018 Vox, The Fight Over Reopening The FBI Investigation Into Brett Kavanaugh, Explained and NYT, Everyone Deserves Better Than This Senate Spectacle and WP, Republicans, Be Forewarned: Kavanaugh’s Accuser Has Options and Intercept, Attorney Sent Letter To Chuck Grassley And Dianne Feinstein Claiming Federal Court Employees Willing To Speak About Brett Kavanaugh

...FBI interviews into the background of candidates for public trust positions is de rigueur...conflating these interviews with a criminal investigation mischaracterizes their purpose... (also, National Background Investigations Bureau)

..."cramming down" Kavanaugh amid ongoing sexual assault allegations is likely to further accelerate an already fast declining Republican Party (some might say already imploded) and decaying Supreme Court of the United States...

UPDATED 09/09/2018 Slate, I Wrote Some of the Stolen Memos That Brett Kavanaugh Lied to the Senate About and Salon, Merrick Garland asked to probe perjury allegations against Brett Kavanaugh and Vox, The Brett Kavanaugh Perjury Controversy, Explained By 4 Legal Scholars

UPDATED 09/07/2018 NYT, Brett Kavanaugh Hearings: Takeaways From Day 1 and C-SPAN, Senator Schumer on Brett Kavanaugh Supreme Court Nomination


..."educated" is just one attribute and not the most important, which "qualifies" a person to sit on our United Supreme Court...Judge Kavanaugh lacks some of those other attributes...if Kavanaugh cannot answer a "hypothetical" whether a president can self-pardon for crimes committed before or during their presidency, maybe he can articulate a "hypothetical" in which a president can self-pardon...

...Kavanaugh is "independent" like our unstable, unfit, unwell, and unbalanced "new" alt-white-house et al. is a "truth-teller"...imagine our unstable, unfit, unwell, and unbalanced "new" alt-white-house et al. as a "unitary executive" and Kavanaugh joining Scalia's dead dicta to tell us that we cannot subpoenaed, indict, prosecute or otherwise get rid of our unstable, unfit, unwell, and unbalanced "new" alt-white-house et al. so long as it occupies the Executive Office of the President of the United States...

...kudos to Senators Kolbuchar, Coons, Harris, Blumenthal, Mazie Hirono, Booker, Flake, et al...their questioning has begun to show pursuit of an imbalanced democratic governance agenda underpinned by dogma, drivel, and doctrinaire...or as the Chief Justice might say, gobbledygook...


...not only must the Senate decline to confirm Judge Brett Kavanaugh, it must await the renomination and senate vote on Judge Merrick Garland, before filling any vacancy on the Supreme Court...


UPDATED 07/10/2018 NYT, Brett Kavanaugh Is Trump’s Pick for Supreme Court and Reuters,  Top U.S. Senate Democrat Vows To Fight Trump's Supreme Court Pick and NYT, Conservative and Liberal Groups Gird for Battle Over Kavanaugh Image and CourthouseNews, Trump Picks Kavanaugh to Replace Kennedy on High Court

...Judge Kavanaugh...an acolyte of the deceased Scalia, Federalist Society protege, and docent of the "originalism" dogma docket is highly unlikely to do well a primary duty of an active justice, complement court credibility...

...without credibility what is a court's announcement that a business baker can decide whether to deliver cakes into the steam of commerce based on his interpretation of the gospel according to Jesus...makes the constitutional interpretive efforts of originalism seem stupendously scientific...

UPDATED 05/22/2018 CLR, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power

UPDATED 04/18/2017 Onion, Rookie Justice Gorsuch Assigned To Supreme Court Overnight Shift


UPDATED 04/08/2017 AP, Senate Democrats Secure Votes To Block Gorsuch The minority Senate members need not apologize for filibustering the Gorsuch nomination.

He's "mainstream" while attending Federalist Society meetings with its claimed membership estimated at 70,000 (6/7th lawyers and 1/7th law students)! However, such a small clique or core cabal of lawyers committed to pursuing an extreme libertarianism (aka neo-anarchism) is hardly representative of "mainstream" America, especially if they wear black robes on our Supreme Court.


It is not clear if criteria of the ABA Federal Judiciary Standing Committee's rating considers such a stagnant, extreme, and dogmatic2 judicial temperament in a justice of our Supreme Court?

UPDATED 03/20/2017 Bloomberg,Why the Supreme Court's Approval Rating Is Sliding and C-SPAN, Gorsuch Confirmation Hearing, Day 1; Live

Efforts to disguise libertarian dogma and doctrine (aka neo-anarchism) in black robes is likely to backfire while seriously harming our Supreme Court and nation.



UPDATED 02/02/2017 Reuters, Trump Supreme Court nominee Gorsuch seen in the mold of Scalia and NYT, In Judge Neil [M.] Gorsuch, an Echo of Scalia in Philosophy and Style and WP, Key decisions from Supreme Court nominee Neil Gorsuch


Justices who pretend they can interpret our frabjous1 Constitution within today's context are preferable to those who pretend they can interpret it within yesterday's context.

UPDATED 03/21/2016 NYT, John Roberts Criticized Supreme Court Confirmation Process, Before There Was a Vacancy

Mr. Chief Justice, wonder if the Court's increasing patina tarnish (some might say sully or disgrace) is related to the politician requites?

UPDATED 03/17/2016 WP, Initial thoughts on President Obama’s decision to nominate Judge Merrick Garland to the Supreme Court


UPDATED 03/05/2016 NYT, Supreme Court Nominees Considered in Election Years Are Usually Confirmed
PBS, Justice Antonin Scalia's Funeral Mass
Roll Call, Justice Scalia Lies in Repose at Supreme Court
Oyez, Supreme Court Virtual Tour, Including Captions for Chief Justices' Busts in Great Hall The casket appears to be traverse the bust of Chief Justice Morrison R. Waite, Great Hall-Middle West. USN, Supreme Court In Memoriam Associate Justice Scalia


WH, Watch President Obama Speak on the Passing of Supreme Court Justice Scalia
NYT, Justice Antonin Scalia: His Life and Career

-----notes-----

1. Feel free to spend time studying literature, poems, law, Lewis Carroll, and Alice Through the Looking Glass etc. as needed to interpret yesterday's (circa 1871 CE) context of "frabjous" or grab today's context from Google.

2. Dogma by definition is stagnant and not an element in the desirable set of attributes required of any lawyer, much less a nominee lawyer to our Supreme Court. An ABA Federal Judiciary Standing Committee, which rates a dogmatic lawyer "well qualified" is either unaware of the dogma or evaluating the nominee as "well qualified" to enforce an implicit agenda.

Horrifyingly, it is possible that the the ABA Federal Judiciary Standing Committee is ignoring the dogma and evaluating a Supreme Court nominee as "well qualified" to enforce an explicit agenda?




Originally Published February 14, 2016; Last Updated  October 07, 2018; Last Republished October 07, 2018:

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