Tuesday, September 18, 2018

Judge Brett Kavanaugh's confirmation hearing is temporarily derailed as the Senate committee has scheduled a hearing on Monday.  That means the vote, which was expected in a couple of days, will not take place for now.  The GOP is going to try to make it a "he said, she said" situation that if there is no third party collaboration, the confirmation will take place.  The end result will be similar to the Clarence Thomas-Anita Hill saga.  I do think that instead of a 99% chance of confirmation before this accusation came out, the chance of confirmation is now 75%.  There is a more chance that the two GOP women moderates will vote no if the accuser is credible on the witness stand.  So Kavanaugh will have to sweat more in the coming weeks.

I understand Kavanaugh, as a conservative, will not want to answer about Roe v Wade during the confirmation hearings.  But what is disappointing is that when asked, he refused to answer whether the Supreme Court made the right decision in not overturning the Chinese Exclusion Act of 1882.  The constitutionality of the act was upheld by the Supreme Court in Chae Chan Ping v United States (1889).  I don't think that it is controversial to say that the Chinese were discriminated against by the act.  Of course, to say the right thing would have meant that Kavanaugh is disagreeing with Trump that a race or a religion can be discriminated against.  I think this puts Kavanaugh's impartiality into question.

3 comments:

  1. Anonymous11:58 AM

    I haven't heard much today as I write this. I am not sure an allegation from over 30 years ago should matter much. Even though it's not a great excuse, I believe we all did stupid things when we were young. And if this allegation is true, thank goodness that certain circumstances happened that prevented him from raping her. It's obvious that the Democrats are trying to force a delay in the confirmation. It's also obvious that the Republicans were trying to push the confirmation as quickly as possible. Though I am surprised that there were some Republicans that pushed for listening to the alleged victim. Even Kelly Ann Conway said she should be heard.

    So what is the play here politically? Are they looking to discredit the alleged victim in a public forum? Is there precedent for the FBI to get involved? Does Trump pull the nomination if more evidence comes out?

    I'm glad you saw that Kavanaugh dodged the question about the Chinese Exclusion Act. For some reason, the question did not play much if at all, in the media. Of course, Kavanaugh did what he had to do during the hearings. Once he says something concrete, he had backed himself into a corner. So we got vague answers for just about everything the Democrats sent his way.

    -LBOAYM

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  2. The FBI was involved in the Thomas saga. They took just three days to finish the investigation. Unless something new comes out, I think the case against Thomas was stronger. Plus he was older and married. I don't think Thomas would have survived under today's Me Too movement. The GOP has to be better toward Ford than they were toward Hill. Thus even Trump is not attacking her right now. I think whichever side loses this will use it to rile up the base for the mid term.

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  3. Anonymous6:48 AM

    It seems to me that the evidence was stronger with the Thomas hearing and we all know how that ended up. So maybe there isn't much the FBI can do about this. I mean, we're talking about maybe three people in a room. We haven't heard much from the 3rd person and I can't imagine that testimony from people in the house but not in the room would do anything. So there doesn't seem much that the FBI can do here.

    So, do you think this will help Democrats if Kavanaugh skates through this? If he loses the nomination, do you think that the Democrats lose some of these 50/50 midterms?

    -LBOAYM

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