Another Bear said:
I read the account. Sounds like Kavanaugh watched one too many John Hughesesque, nerd-boy tries to get laid teen pix. I agree in concept with DiFi...high school behavior is a long time ago.
That said, Kavanaugh and Clarance Thomas will likely become best buds. They have so much in common...like a SC confirmation with a sexual harassment/assault count on the books.
Right about now the GOP are wondering if there's a closeted congressmember that could do a Larry Craig, just to draw a distraction.
(1) Graham?
(2) A question for me is now: Assuming Kavanaugh is appointed, could that turn into the beginning of a crisis of disrepute of the Supreme Court which could have political consequences down the line, as follows:?
I've seen some pretty bad decisions from the right wingers on the post-Nixon court, like:
(a) Deciding that the statute of limitations on discriminatory wages started to run from the date the discrimination first occurred, instead of years and years later when the victim first learned of it, and
(b) Deciding that a whole-cloth implication made-up by the right-wingers beat express language in the ERISA law to the effect that ERISA did not pre-empt comprehensive state laws to the contrary (such as the volumes of California Insurance Code, which contains a long list of very specific prohibitions of fairly typical bad insurance company behavior, violations of which, now, as the result of the Supreme Court decision, insurance companies can no longer be sued for),
(c) Not to mention:
(i) Bush v. Gore, which in fact over-rode decades of precedent (especially in right wing decisions on states rights), without saying so, while claiming that the decision was sui generis and so shouldn't be precedential (which hasn't stopped it being used as such); or
(ii) Of course, Citizens United which, among other crap, created the duck-blind behind which the Russians were able to hide their activities in the 2016 Election (and other elections).
But I haven't seen the widespread revulsion and resistance to these decisions which they merit, and which are perhaps practically possible given sufficient political will - keeping in mind the truism about the judiciary that, without any enforcement mechanism at their command (like an army or a police force), fidelity to their decisions depend on those decisions being respected due to them making sense - like Justice Holmes said about the law having to fit the people it governs like a suit of clothes.