July 9, 2018

Trump makes the solid and instantly boring choice: Kavanaugh.

I was listening on the car radio, so I don't yet know how it looked, but it sounded very stolid and dignified. Who can object to anything? Of course, they will, but they'll look unserious.

166 comments:

Rabel said...

Another excellent decision by President Trump.

The lady judge was cute, but she needs to be home with all those kids.

Francisco D said...

He played it safe by going with the establishment Republican guy.

Makes sense. Many of us on the sidelines would have been more daring, like Monday morning quarterbacks.

Unknown said...

Is this a strategy, to make the Dems look unserious by picking the safe choice? Trump plays Obama's game better than Obama: force people to take sides on the issue, the "losing" side is supposed to look unreasonable. Trump is better at the game because he makes genuinely reasonable choices.

Michael K said...

Barrett will be the RBG choice.

Gretchen said...

If they paint him as "literally Hitler" we need to ask why Kagan hired him at Yale.

AustinRoth said...

The left will object because Kavanaugh is literally Hitler. Or Gobbels. Or Himmler. Whatever.

n.n said...

Barrett is a [feminine] woman, a mother, a wife, and a judge. She has demonstrated you can have your family and career, too, but perhaps not all at once. Yeah, she's next.

Trumpit said...

"The lady judge was cute, but she needs to be home with all those kids."

I find your comment repulsive.

CWJ said...

Althouse,

It looked good on TV. But ABC managed to get their opinion out there before cutting over to the announcement. And then afterward cut to a reporter having to raise his voice to be heard over a group of chanting ptotesters among whom he was standing. So yes, ABC at least did their best to gin up some controversial atmospherics.

Birches said...

I wish it was Barrett or Kethledge or Lee, but his confirmation is not in doubt.

Darrell said...

".50 cal" Barrett will have her day.

AZ Bob said...

It makes sense. It's the Irish seat.

buwaya said...

This is the Irish seat then?

Rabel said...

"I find your comment repulsive."

Score!!!

Chuck said...

It sounded boring and stolid, Althouse, because Trump was reading a literate and well-constructed short speech. Trump sounds so stupid, when he is reading intelligent language. He has to do that thing where he over-articulates words, because he can never let words work on their own. He's never satisfied with carefully constructed language. He has to over-pronounce things that he thinks people might not get if he doesn't do that. Trump seems clearly to not like, and probably doesn't even believe in, the work of his speechwriters.

Of course the one substantive bit of news tonight was Trump's explicit renunciation of his campaign promises about appointing only pro-life judges, and that he expects that Roe versus Wade would be overruled after his second or perhaps third nomination to the Supreme Court.

Tonight he said that he would uphold a tradition started by Reagan (? Did I hear that right?) in that he would not ask any prospective nominee about their opinions on anything that might come before the Court.

That last point is going to be a good one for reviewing a transcript to see the precise words scripted for Trump.


Dickin'Bimbos@Home said...

Trumpit would rather her kids have been aborted.

Etienne said...
This comment has been removed by the author.
Mike Sylwester said...

Thank you, Joe Biden, for declaring the Biden Rule.

Thank you, Harry Reid, for eliminating the filibuster on judge nominations.

Matthew Sablan said...

"Is this a strategy, to make the Dems look unserious by picking the safe choice?"

-- Gorsuch was viewed as a "safe" choice too. This isn't a fight that is needed, so I see no need picking it. Especially when we already have people being threatened in the streets.

Etienne said...

Michael K said...Barrett will be the RBG choice.

Unless she retires. She is young enough to get a real job. Kids will be gone, and she will have to look at 4-walls.

Mike Sylwester said...

Thank you, Joe Biden, for not running against Hillary Clinton in the Democratic Party's primary elections in 20115-2016.

Thank you, Mitch McConnell for enforcing the Biden Rule in 2016.

Tank said...

Surprised. Tank thought he would go for the most dramatic choice, Barrett.

Phil 3:14 said...

Chuck;
Just stop.

Trumpit:

Get a sense of humor. (And if Trump had picked Barrett you would have found that “repulsive” too.)

Trumpit said...

"If they paint him as "literally Hitler" we need to ask why Kagan hired him at Yale." Who are "they" and who are "we?" He doesn't have to be "literally Hitler" to be opposed. I hate all that phony mom, apple pie, and little league warm & fuzzy tripe. He's another corporate shill. Vote him down!

CWJ said...

God Chuck -

Just once. Give it a rest. Just once, OK? Do you have any friends? I can't imagine spending time with you in person. And in that I count myself blessed that you live three states away from me.

Dickin'Bimbos@Home said...

Trumpit - Why are you so paid in full by K Street? It's repulsive.

Michael K said...

"I find your comment repulsive."

You find all comments repulsive and I do the same for yours.

Mike Sylwester said...

Thank you, Anthony Kennedy, for retiring during the Trump presidency.

Thank you, Ruth Ginsburg, for not retiring during the Obama presidency.

Breezy said...

Fare the well, SCOTUS nominee.

Breezy said...

Fare thee well...

JML said...

According to the left: "The sky is falling! The sky is falling!"

As usual.

rcocean said...

Another lawyer from Yale. Man, this is getting ridiculous.

But then Conservatives won't fight for someone different. Instead, they're so afraid the D's will reject them, they surrender before the battle begins. The fact that Kagan hired is NOT a recommendation in my book.

At least Trump, didn't listen to all the goofballs and nominate someone because they wore a skirt, or came from Pennsylvania, or would be our "first....on the SCOTUS" or were a blank slate and potential Souter.

Francisco D said...

Chuckles,

I find your lack of self-awareness amazing. Do you really think you are even slightly smarter than the average bear? LOL!

Are you even close to realizing that you come across as a total asshole? Maybe you like that.

OK. I'm done with this shit. I tried despite your superciliousness and gross vulgarity.

jpg said...

I knew it would be Kavanaugh! Called it! (sarc!) JPG

rcocean said...

O'Connor, Miers and Souter were the two worst nominees in my lifetime.

Souter was a con-job committed by Bush on his own party. Miers was botched Con-job by Bush II.

O'Connor was an attempt to gain 2 seconds of political advantage by nominating the first woman. We paid for it with 25 years of rambling, split-the-baby-in-half Rulings from Grandma O'Connor.

Darrell said...

This just in--Archaeologists were surprised to find an inscription on the bottom of the Oracle Stone at Delphi. Roughly translated it reads "Hillary Clinton will never be President of the United States--Pythia, Oracle of Delphi." None of the scientists have a clue as to what the message means, at this point.

Merny11 said...

Chuck you remind me of the whiney kid in 6th grade who never stopped raising his hand to say “but but but Teacher, its not faaair “
And Trumpit, all that self righteousness and negativity must be exhausting. I feel sorry for your family having to live with you

Stephen Cooper said...

I can object (from the point of view of a patriotic American) without seeming incorrect. In the first part of his speech accepting the nomination, Kavanaugh did not need to, but did, dishonestly speak about Anthony Kennedy in falsely flattering terms. When you have been as lucky in life as Kavanaugh, you are expected by honest people to avoid, completely, flatteringly dishonest words, even when you are excited, like a young lady at her first grown-up dance, by your circumstances. Kavanaugh has already failed in living up to the ideal of an honest public man. (Unless he is ignorant enough to believe what he said while unctuously flattering Kennedy, our would-be philosopher king and - in my opinion - arrogant judicial usurper of the rights of the people).

As for Trump, he gave us 25 names ahead of time, and he stuck to that promise.

I was glad, watching Trump's introduction, to see that Trump appeared to believe what he said. Both President Bushes are known for having consciously told lies in public and I still not have seen Trump consciously tell a lie in public.

Kavanaugh will be all right as long as he does not need to show extreme judicial courage and extreme devotion to honesty. If he does need to show exceptional courage and devotion to honesty, I will be surprised if he does so. That being said, there is little chance he will be as deviously unreliable as Souter or as incompetent as O'Connor. Hope he turns out better than I think he will.

tim in vermont said...

You find all comments repulsive and I do the same for yours.

I think he is a double secret righty troll having some fun.

The Godfather said...

And if the Dems are thinking about blocking Judge K, they have to remember that, after the mid-terms, with more Republicans in the Senate, Trump could nominate a less establishment candidate and they won't be able to stop his/her confirmation.

rcocean said...

I sense their won't be much fight from the Left on this one. He's been an Appeals judge for 12 years, comes from Yale, and clerked for Kennedy.

They'll scream and shout, and the D's will vote 48-1 against, but basically its a done deal.

readering said...

Of the four finalists, he was the Iviest: Yale-Yale. Now it will be 4 Harvard, 4 Yale and one Harvard-Columbia. That's what Trump said he was looking for early on.

Personally I thought all the distinctions being made between the four finalists were overdone. Any one would fulfill the president's agenda--to keep his base happy.

Trumpit said...

"Trumpit would rather her kids have been aborted."

That would be libelous if it weren't true. But, it's only partially true. All children after the first two should be aborted. Humans have overrun the planet, squeezing out other species and other humans. "Soylent Green is made out of people."

Darrell said...

Retweeted Shannon Bream (@ShannonBream):
Very few times I’ve felt threatened while out in the field. The mood here tonight is very volatile. Law enforcement appears to be closing down 1st Street in front of SCOTUS.

Gahrie said...

Watching Kavanaugh's daughter during the announcement, it looked like she was thinking: "Man am I glad Biden's not here!" the whole time.

rcocean said...

"That being said, there is little chance he will be as deviously unreliable as Souter or as incompetent as O'Connor. Hope he turns out better than I think he will."

Its always better to look on the bright side. We've dodged the bullet.

Had the "Never trumpers" gotten their wish, Hillary would've been elected and we'd now have a Chief Justice Kagan run court and 6 solid hard core liberals and 3 conservatives. Look at the Travel ban decision. That should have been 9-0, and all 4 liberals voted against. Astounding what these characters would do if they'd had the majority. The Ninth Circuit would be the new normal.

Chuck said...

Per the New York Times transcript of Trump's remarks, here is the portion of Trump's introductory remarks that go to what I mentioned earlier:

"In keeping with President Reagan’s legacy, I do not ask about a nominee’s personal opinions. What matters is not a judge’s political views but whether they can set aside those views to do what the law and the constitution require."

Now that statement, carefully written for Trump and delivered tonight is the right thing to say. The wrong thing to say, is what Trump said on the campaign trail earlier was that he "will be appointing pro-life judges to the Supreme Court," and that "automatically" Roe v. Wade will be overruled.

The Godfather said...

BTW, when ABC cut to its guy standing in front of the S Court Building, the demonstrator behind him was a young man holding a sign reading "We're The Pro-Life Generation". I don't think that's the message ABC was trying to put out.

wildswan said...

Darrell said...
This just in--Archaeologists were surprised to find an inscription on the bottom of the Oracle Stone at Delphi..."

I heard the oracle said: "When Hillary Clinton's nomination will lead to a great victory."

Molly said...

(eaglebeak)

Safe, stolid, boring--that's why it will drive the Dems crazy. The guy teaches at Harvard, Yale, AND Georgetown--so he's not an alt-right maniac. Worse, he worked for Ken Starr on the Clinton impeachment caper and on the death of Vince Foster, so those are two giant thumbs-in-the-eye for the Clintons (and their party).

He's Catholic, went to Georgetown Prep (Catholic boys' school in DC), so that should cover the pro-life waterfront.

Trump wanted someone out of central casting with Harvard/Yale; got that someone--and there will be wailing and gnashing of teeth in Democratland.

johnhenry100 said...

Blogger rcocean said...

Another lawyer from Yale. Man, this is getting ridiculous.

My thought exactly. As I said in another thread the other day, Harvard/Yale have had a monopoly on the Supreme Court for decades. It's time for some diversity.

I don't know much abut Kavanaugh, certainly nothing negative and the little I do know he seems fine.

But another Yale grad. I am disappointed.

Nothing against Yale either. Just that we need judges who did not drink from the same trough, influenced by the same small group of professors and legal philosophies.

I am still disappointed that he did not pick Prof Althouse. I had thought that by her not even hinting at it, she had the nomination sewed up. OTOH, had she got it, she probably would have had to close down the blog so her loss is not altogether a bad thing.

John Henry

JML said...

Chuck said: He's never satisfied with carefully constructed language. He has to over-pronounce things that he thinks people might not get if he doesn't do that. Trump seems clearly to not like, and probably doesn't even believe in, the work of his speechwriters.

Obama has said: "I can do every one of your jobs better than you can."

It seems to me that Trump surrounds him self with smart, strong people. Who he fires if they don't do what he wants. Obama surrounded himself with weak people who would not challenge him. Trumps talks like Trump.

And best of all - Hillary still isn't President and Trump just got SCOTUS number two.

steve uhr said...

Seems qualified. Confirm him and move onto other things.

Sal said...

I bet Hillary is shit-faced tonight.

Birkel said...

Remember how Trump got elected despite saying all those crazy things on the campaign trail?
Or was it he said those things and that caused his election?

And now he's in the White House making great decisions with judges and repealing regulations that were choking small businesses in favor of the crony (fascist) capitalists under Obama.

Chuck, fopdoodle extraordinaire, cannot abide.

rcocean said...

I see no reason to go through this " I didn't ask for their opinion on Roe v Wade" BS anymore.

The D's ask. Or rather they don't have to ask, since they only nominate people who would never, ever, overturn Roe v. Wade or vote conservative on anything.

Hopefully, Ginsburg will spare us seeing her drop dead in the Chambers, and will have the courtesy to retire soon. 85 years old, and still clinging to power. Pathetic.

rcocean said...

"I bet Hillary is shit-faced tonight."

A toast to Hillary. We couldn't have done it without you. Your piss-poor campaign and lack of any personal charm led Trump to Victory - and now 2 SCOTUS nominees.

Well Done.

Bad Lieutenant said...

Chuck, a serious question. If Gorsuch betrays the Republic, if Kavanaugh becomes another Souter, you'll admit that you had no idea and that President Trump cannot be blamed?

Browndog said...

It'll take a couple days for polling-

I give it until Friday--then Mueller announces 14 more indictments against Manafort, and take away his privilege of solitary confinement.

tcrosse said...

I bet Hillary is shit-faced tonight.

Fair bet. It's a day ending in 'Y'

Francisco D said...

"I bet Hillary is shit-faced tonight."

I bet that Hillary was shit-faced last night, and the night before and ....

Chuck said...

Does anybody know who registered the domain name, "stopkavanaugh.com"? That didn't take long.

Jonah Goldberg is already having fun with it, Tweeting that "Stopka Van Augh" would be a great name for a Hapsburg duke.

JML said...

Gahrie said...
Watching Kavanaugh's daughter during the announcement, it looked like she was thinking: "Man am I glad Biden's not here!" the whole time.

That's a winner!

traditionalguy said...
This comment has been removed by the author.
traditionalguy said...

Tonight was just another Trump Rally. The Fake News guys were escorted into the White House past the dumpster and then through a hallway with a four foot painting of Hillary hung on the wall.

Winning with Trump is still fun.

Ralph L said...

We heard all his good works and his family's, too. Trying to forestall the usual heartless Republican slander.

tim in vermont said...

I bet Hillary is shit-faced tonight

What is a “lead pipe cinch” Alex?

mockturtle said...

Winning with Trump is still fun.

He said we'd get tired of so much winning. But not yet. No, not yet.

Chuck said...

Bad Lieutenant said...
Chuck, a serious question. If Gorsuch betrays the Republic, if Kavanaugh becomes another Souter, you'll admit that you had no idea and that President Trump cannot be blamed?


We've all learned a lot, from Souter (and Warren and Brennan and O'Connor and even Kennedy). And in learning that, there is only so much we can ever predict.

If I had to predict, my prediction is that Gorsuch and Kavanaugh will both be great. That may be the best way for me to say indeed there is only so much we can ever predict. If Trump were to blow a SCOTUS pick, it would put him in company with Reagan (O'Connor/Kennedy), GHW Bush (Souter) and GW Bush (Harriet Miers). What Trump has now, that Reagan didn't have and GHW Bush didn't have much, is the Federalist Society's leadership.

Gahrie said...

I bet Hillary is shit-faced tonight

There's a damn good chance she had already passed out before the announcement.


But really..can you blame her? We all need to cope with failure somehow.

Drago said...

LLR Chuck: "Does anybody know who registered the domain name, "stopkavanaugh.com"?"

George Will?

Max Boot?

Anna Navarro?

Steve Schmidt?

Jen Rubin?

Nicole Wallace?

Hey, I just noticed, LLR Chuck is a big, big fan of all those people!

Unexpectedly.

Bad Lieutenant said...

I bet Hillary is shit-faced tonight

Probably drunk, too.


Chuck, you often say, Why didn't you ask me (blah blah blah). I asked you a question above, politely. Will you answer?

Bad Lieutenant said...

Our posts crossed. Thank you for as close to an answer as anyone could expect you to give. That must have hurt.

Drago said...

LLR Chuck: "If Trump were to blow a SCOTUS pick,...."

LOL

Chuck moves seamlessly from Trump has nothing to do with this (if its good) and Trump is solely responsible if the this selection fails.

That's what I love about the LLR Chuck's, Durbins, Schumers, Pelosi's of the world: all good things have nothing to do with Trump and Trump is responsible for all bad things all by himself.

Even for things that pre-date his Presidency!

Bay Area Guy said...

Outstanding selection. AA says it's boring, but she is pro-boring, so that's a good thing.

I hope Kavanaugh and his wife have thick skins and won't buckle under pressure.

I'd give Trump a straight A on this important decision.

Bad Lieutenant said...


Blogger mockturtle said...
Winning with Trump is still fun.

He said we'd get tired of so much winning. But not yet. No, not yet.

7/9/18, 9:32 PM


Power naps, mock.

readering said...

Colleges on Supreme Court?

Holy Cross, Cornell, Stanford, Harvard, Princeton (x3), Columbia, Yale.

Drago said...

LLR Chuck's "Dick Durbin Mood Ring" is looking mighty grey and dreary right about now....

Mid-Life Lawyer said...

I'm thinking that, assuming the GOP holds the Senate this year, Alito and/or Thomas will retire before 2020 with Trump having done such a good job on his first two choices. Those guys know the left is too insane these days to chance a Democratic President and/or Senate.

mockturtle said...

One thing that can be said for Chuck is that he is single-minded.

Chuck said...

Bad Lieutenant said...
...
Chuck, you often say, Why didn't you ask me (blah blah blah). I asked you a question above, politely. Will you answer?


I did. 9:33. And I think I mostly gave you the answer that you wanted.

Bob Boyd said...

I thought Kavanaugh gave a good speech. He came across as very down to earth and likable.

Browndog said...

I thought Kavanaugh gave a good speech.

You know who else gave a good speech?

HITLER!!!

readering said...

Prior job?

Circuit court--DC x4, 1st, 2nd, 3rd, 8th, and USSG.

Scott M said...

Humans have overrun the planet, squeezing out other species and other humans.

Do you read your own writing or do you just drift in and out while you type?

readering said...

Predict Thomas (longest serving) next to leave Court.

Bad Lieutenant said...

Yes, Chuck, as I noted above, our posts crossed in the mail. That was as teeth-grindingly generous as your soul is capable of being, and I commend you.

You see, my cousin is a Michigan dentist with eight children, and he needs the money.

Bad Lieutenant said...


Blogger readering said...
Predict Thomas (longest serving) next to leave Court.

Perhaps. He will be missed. Justice Thomas is a great Justice and a great man.

Rabel said...

I saw Max Boot on CNN giving his a analysis of the nomination. His issue was that the good SC selections didn't counterbalance the harm that President Trump was doing to the rule of law in America.

Two points:

1. He's a bit of a freak.

2. He didn't believe what he was saying. I saw no conviction. His Trump hatred is manufactured. Probably for personal gain of some sort.

Drago said...

readering: "Predict Thomas (longest serving) next to leave Court."

I hope.

Love Thomas but he is no spring chicken any longer and with Trump hitting grand slams with each selection I'm hoping we avoid the Ginsburg situation.

Drago said...

Rabel: "2. He didn't believe what he was saying. I saw no conviction. His Trump hatred is manufactured. Probably for personal gain of some sort"

The Never Trumpers represent absolutely no one in the party any longer and are an astonishingly small number of people, yet this group provides the lefty MSM with almost all of their "LLR Chuck"-republican types who are happy to rip Trump, rip and insult conservatives, rip and insult evangelicals, and rip and insult the republican base around the clock.

rcocean said...

Max Boot is not an American. He's a Soviet - born in the Moscow, USSR. His real last name is not "boot".

I don't care what he thinks.

rcocean said...

George Will is a real American. And a Loon. I don't care what he thinks either.

Drago said...

Interesting quandary for LLR Chuck.

The left writ large has decided that it's time to attack the Federalist Society and Leonard Leo in particular. Schumer did it from the well of the Senate.

No doubt even now the dems/antifa's are prepping to go after Leo and his family in public.

For LLR Chuck, when it comes to defending the Federalist Society or his beloved dems, which side to come down on is suddenly a real problem!

From our point of view, it's hilarious of course....

James Pawlak said...

I attending to the Constitution "boring is good"---As most opposed to "exciting" inventions of those justices/judges "making law" and amending the Constitution from the bench.

Chuck said...

readering said...
Predict Thomas (longest serving) next to leave Court.


I think that would be bad news. If true, it would mean that none of Ginsburg, Breyer, Sotomayor (about whom I have some health questions) or Kagan are leaving. Because, the one informal rule that virtually all of the justices observe is that they never want to create two vacancies at once. Replacing Thomas would be a little bit like replacing Scalia. Almost impossible to "upgrade."

Michael K said...

What Trump has now, that Reagan didn't have and GHW Bush didn't have much, is the Federalist Society's leadership.

Are you even willing to admit that he chose to have them vet the potential nominees ?

Bush, who will not treated kindly by history, went for his fan girl, Miers.

steve uhr said...

I don't see this Court overturning Roe. And if it did can Griswold be far behind? Nothing in the constitution about contraception. States free to forbid or require birth control. Everyone ok with that?

Michael K said...

Thomas is a great man. I have given his book to each of my daughters.

Bay Area Guy said...

I have a buncha liberal friends in NorCal, many professional types. If the rash of e-mails I just received is any indication, they are not pleased.

I didn't help things by inserting, "Bye-bye RoevWade!" in the subject line.

Too soon?

Let the restoration of the Republic continue!

victoria said...

It's the safe choice. someone must have gotten to Trump. It is a chicken choice. For one thing, he believes that past opinions are settled law, that means no overturning Roe V Wade. Sorry you "pro life", or should i say anti choice people. Too safe. This guy can be a swing vote to the left as much as to the right. Watch out, Trumpy, they may have slipped a closet liberal in on you. We can only hope. Fight to get him anointed until after the November Elections!!!!1


Vicki From Pasadena

Gahrie said...

I don't see this Court overturning Roe. And if it did can Griswold be far behind? Nothing in the constitution about contraception. States free to forbid or require birth control. Everyone ok with that?

I am. Lawerence needs to be overturned too. Let the people decide.

readering said...

Favorite part of POTUS teleprompter remarks;

Effusive praise of J. kennedy.

The Cracker Emcee Rampant said...

If Trumpit's 9:01 doesn't convince you that he/she is a moby mining a deep parodic vein of Lefty hysteria, I don't know what will.

Francisco D said...

"Thomas is a great man."

I hope he lives forever despite Julianne Malveaux (Radio Pacifica) hoping that he dies of a heart attack ... roughly 20 years ago.

fivewheels said...

"Everyone ok with that?"

Of course I am. Because a) Not one state will do it, not Mississippi, not Oklahoma, not nowhere, and b) because conservatives believe in the law, not in making things up as we go along however we like. Let's follow the rules we all agreed upon (the Constitution), that's all we want.

I know the left hates democracy more than anything, but not all Americans are like that.

Drago said...

victoria: "It's the safe choice. someone must have gotten to Trump. It is a chicken choice"

LOL

Lefty 1: Trump is going full "Hitler" and nominating the worst possible nominee and bringing about the apocalypse!!!

Lefty 2: Trump chickened out and nominated a milquetoast guy!!

Lefty Ally (LLR Chuck): Trump didn't even play a part in this selection!!

Lefty Ally (also LLR Chuck): If this nominee turns out to be liberal its all Trumps fault!!



Gee, I'm sensing a pattern here....

Chuck said...

Michael K said...
What Trump has now, that Reagan didn't have and GHW Bush didn't have much, is the Federalist Society's leadership.

Are you even willing to admit that he chose to have them vet the potential nominees ?

Bush, who will not treated kindly by history, went for his fan girl, Miers.


Wait a minute! I didn't mention George W. Bush in that line you quoted from me, and the reason I left him out in fact was the failed/futile/botched nomination of Harriet Miers. In which, very interestingly, Leonard Leo tried for a time to defend Miers but he was overrun in particular by the grassroots of the Federalist Society.

Bad Lieutenant said...

I have heard this defense of Harriet Miers, which I find mildly compelling : GWB chose her, because she had the finest character of anyone he knew; and he judged this more important than legal knowledge.

Mac McConnell said...

What struck me most about the Kavanaugh announcement was that Joe Biden wasn't there fondling the appointee's wife and kids.

rcocean said...

The Miers nomination was just another one of Bush's bad decisions. We had plenty of good solid C of Appeals judges, like Alioto, that deserved to be on the Court, and Bush nominates someone with zero Constitutional law experience, and his personal lawyer.

Even worse, this was after Papa Bush's disastrous Souter nomination. Conservatives - like Bork - were upset and called it a "slap in the face".

Other than a Hewitt - a political hack - no one defended her.

rcocean said...

"What struck me most about the Kavanaugh announcement was that Joe Biden wasn't there fondling the appointee's wife and kids."

Ha. There's still time.

n.n said...

States free to forbid or require birth control. Everyone ok with that?

What is the compelling reason? Human evolution begins at conception. Population control and selective-child are not aligned with Life and Posterity, the natural fitness function.

Ken B said...

Akhil R Amar endorses him.

Bill, Republic of Texas said...

Apologies if someone else already said this

I think this was a done deal way before tonight. I think they told Kennedy if he retired they appoint his clerk.

n.n said...

Thomas is a great man.

Live long and prosper.

walter said...

Kinda figured this with Trump's initial announcement about his meeting with Kennedy..the honoring his legacy bit.
Whether there was a "deal"...who knows.

walter said...

Whoops..sorry Bill.

Ken B said...

Psssst. I hear he shot a man in Reno just to watch him die. Pass it on.

Gretchen said...

Bill,

If that is true I'll take it, smart move, Coach K seems as good or predictable as any.

The Democrats are looking crazy. The general public is getting outrage fatigue.

walter said...


Nancy Pelosi
‏Verified account @NancyPelosi
2h2 hours ago

.@realDonaldTrump is using this nomination as a destructive tool on a generation of progress for workers, women, LGBTQ people, communities of color & families, & to radically reverse the course of American justice & democracy. #WhatsAtStake #StopKavanaugh https://goo.gl/98X7ME

holdfast said...

If Thomas were to retire, that would be the natural seat for Barrett. If the GOP holds the Senate, this will likely happen early in 2020.

Yancey Ward said...

A commenter here yesterday, I forget who, wrote that they thought the choice was made the day Kennedy announced his retirement- that Kennedy retired knowing exactly who would replace him. If that is true, then Kavanaugh makes perfect sense.

Francisco D said...

Nancy Pelosi: "DonaldTrump is using this nomination as a destructive tool on a generation of progress for workers, women, LGBTQ people, communities of color & families, & to radically reverse the course of American justice & democracy."

In other words, we need the courts to do what the American people voted against, such as superextraspecial privileges for the identity groups that the Democrats desperately need for their coalition.

I wonder if an Obama or Clinton dominated SCOTUS would vote in favor of reparations.

Yancey Ward said...

If Trump pulled Chuck's drunk ass from a burning car wreck, the next day Chuck would be in the comments section complaining that Trump should have called 911 first.

readering said...

Harriet Miers sacrificed to take behind the scenes positions in White House. She was one of the most prominent women in private practice before then. (I dealt with her on a case.) I saw her as akin to Judith Kaye, another woman trailblazer in private practice (who I worked with) who became stellar Chief Judge in NYS. Neither a top legal scholar but thats was not the standard before. Thomas was not a top legal scholar.

Yancey Ward said...

Bill,

You may have seen the same comment yesterday I referred to- it stuck in my mind.

Narayanan Subramanian said...

I have seen 10A brought up often, but never 9A. What is Federalist Society position on it .... is it Borkian?
Are we living to see Borks revenge.
Has any Senate hearing brought it up?

rcommal said...

In the headline of this post, the word "solid" is used.

In the first sentence of this post, the word "stolid"is used.

Purposeful? Of course.

The Vault Dweller said...

Blogger rcommal said...
In the headline of this post, the word "solid" is used.

In the first sentence of this post, the word "stolid"is used.

Purposeful? Of course.


I think it is like when I try to engage in self-deprecating humor and it becomes self-defecating humor instead.

Saint Croix said...

It's kind of amazing how many of Kavanaugh's clerks go on to clerk for Supreme Court Justices. And he's not just feeding the Republicans. His clerks find jobs with (almost) everybody.

John Roberts hired 13 Kavanaugh clerks.
David Souter (retired) hired 1 Kavanaugh clerk.
Sonia Sotomayor hired 3 Kavanaugh clerks.
Stephen Breyer hired 2 Kavanaugh clerks.
John Paul Stevens (retired) hired 1 Kavanaugh clerk.
Elena Kagan hired 2 Kavanaugh clerks.
Anthony Kennedy hired 7 Kavanaugh clerks.
Ruth Bader Ginsburg hired 0 Kavanaugh clerks.
Sandra Day O'Connor (retired) hired 2 Kavanaugh clerks.
Samuel Alito hired 4 Kavanaugh clerks.
Nino Scalia hired 4 Kavanaugh clerks.
Neil Gorsuch hired 1 Kavanaugh clerk.
Clarence Thomas hired 1 Kavanaugh clerk.

By my count, 41 people who clerked for Kavanaugh went on to clerk on the Supreme Court. That's pretty impressive.

Saint Croix said...

On the liberal side, Merck Garland has big numbers, too. 54 of his clerks went on to the Supreme Court.

Stephen Breyer hired 13 Garland clerks.
Ruth Ginsburg hired 9 Garland clerks.
John Paul Stevens hired 8 Garland clerks.
Elena Kagan hired 8 Garland clerks.
John Roberts hired 4 Garland clerks.
Anthony Kennedy hired 4 Garland clerks.
Sandra Day O'Connor hired 4 Garland clerks.
David Souter hired 2 Garland clerks
Sonia Sotomayor hired 2 Garland clerks.

And 0 Garland clerks for Scalia, Thomas, or Alito.

Saint Croix said...

Anthony Kennedy hired 31 of Alex Kozinski's clerks, which has to be some kind of record.

Narayanan Subramanian said...

Has anyone built database to track the network of judges, clerks and professors

Narayanan Subramanian said...

For a SC-Ancestry research tool.

Narayanan Subramanian said...

It is a given that judges get ownership of decisions they pen ... Otherwise the mystical force of law will be lost.
How much of it is scam as with research professors and graduate students?

FIDO said...

Had the "Never trumpers" gotten their wish, Hillary would've been elected and we'd now have a Chief Justice Kagan run court and 6 solid hard core liberals and 3 conservatives. Look at the Travel ban decision. That should have been 9-0, and all 4 liberals voted against. Astounding what these characters would do if they'd had the majority. The Ninth Circuit would be the new normal.


And in ten years, we would have had our own 'Polish' moment.

FIDO said...

The only person feeling worse than Hillary is RBG.

FIDO said...

I think that would be bad news. If true, it would mean that none of Ginsburg, Breyer, Sotomayor (about whom I have some health questions) or Kagan are leaving. Because, the one informal rule that virtually all of the justices observe is that they never want to create two vacancies at once.


Thantos does not care about the rules of the SCOTUS

Narayanan Subramanian said...

They can take heart ... in fighting Thanatos they're also foiling Trump.
If they've persuasive skills-stack they should be able to sic Thanatos to go after Trump.

Saint Croix said...

John Luttig sent 18 clerks to Clarence Thomas and 15 clerks to Nino Scalia.

If you want to put another Scalia or Thomas on the Court, Luttig would be your guy. He's 64, though.

Makes you wonder why Bush didn't try to put him on the Court. Maybe he didn't want another Scalia or Thomas on the Court? Or he thought Luttig couldn't be confirmed.

Narayanan Subramanian said...

Disparate impact came up in some thread earlier. Is selective prosecution an instance?
Asking for Manafort

FIDO said...

In other news: I have zero ability to judge him, his skills, or his worth as being on the Supreme Court...as do 95% of the population.

So everyone is going with tribalism here. Okay. He might be my tribe. I hope so. But this caterwauling about 'Not another Yalie'...so? Would we like someone from Brisco Billies Community College and Law Degrees while you wait for 'diversity sake'?

I thought Conservatives were supposed to be more merit based than the Left. Seems I might have been mistaken.

Kevin said...

Trump picks the guy Chuck wanted. He reads from a prepared statement the words Chuck checks the transcript to concur were exactly the right ones to say.

So Chuck rips Trump for “sounding stupid” when doing it.

Next up: Chuck berates Althouse for using the TDS tag.

FIDO said...

Chuck and Inga: two peas in a pod

If Trump cured cancer:

Chuck: Trump intrudes into the bailiwick of the Medical Profession in a slip shod manner

Inga: Trump makes social security and Medicare unsustainable while denying heir their legal rights by prolonging their wait.


There is a reason you are ignored.

Right now, I am enjoying high employment, better tax rolls, more optimism, lowish gas prices, disgruntled and unsure dictators, and a pretty good stock market.

If the C and I show want to bitch about taxes if they win the lottery, that is their problem.

tim in vermont said...

Nancy Pelosi: “DonaldTrump is using this nomination as a destructive tool on a generation of progress for workers, women, LGBTQ people, communities of color & families, & to radically reverse the course of American justice & democracy."

I remember a time when a Democratic leader would have felt compelled to include organized labor in such a list.

Gahrie said...

I thought Conservatives were supposed to be more merit based than the Left. Seems I might have been mistaken.

1) They are plenty of good judges who didn't go to Ivy League schools.

2) Going to an Ivy League school doesn't make you a good judge.

3) Conservatives are small r republicans, more than they are capital R Republicans. We don't believe in rule by elites.

FIDO said...

I agree with all your points but I still don't do diversity for diversity sake.

It was thinking like that which put some really horrible people in charge.

Biotrekker said...

But it's still Armageddon.

Doug said...

Watching Kavanaugh's daughter during the announcement, it looked like she was thinking: "Man am I glad Biden's not here!" the whole time.

And I was thinking: somewhere in that building is a Secret Service agent with orders to tackle Joe Biden if he tries to rush the stage.

Paco Wové said...

"It is a chicken choice."

It's OK, Victoria. We know you have to let out all that hate and bitterness somehow, lest you choke on it.

But thanks for your variation on the sour grapes theme – that thing I really wanted, but that you have? It's totally going to backfire on you! Ha ha! – even if in the end it's not very convincing.

Bad Lieutenant said...

And I was thinking: somewhere in that building is a Secret Service agent with orders to tackle Joe Biden if he tries to rush the stage.

You spelled "put two in his spine" wrong.

Dr K, where in the spine do you have to shoot someone to stop, as in halt, paralyze, them, but not kill?

Ann Althouse said...

"In the headline of this post, the word "solid" is used. In the first sentence of this post, the word "stolid" is used. Purposeful? Of course."

I did intentionally use both words, intending them to mean what they, in fact, mean. But I also noticed that the similarity makes it seem like it might be a mistake, and at the time, I disapproved of the distraction. But I was trying to get the post up very quickly, so I refrained from looking for other words to do the work.

Meade said...

"So Chuck rips Trump for “sounding stupid” when doing it."

Chuck would be the third brother in Reagan's Xmas morning pony story: "Yeah, okay, so there's a pony in here somewhere. Our parents still suck."

Mike said...

Watching Kavanaugh's daughter during the announcement, it looked like she was thinking: "Man am I glad Biden's not here!" the whole time.

LOL. Excellent!

Mike said...

no overturning Roe V Wade. Sorry you "pro life", or should i say anti choice people.

This is funny. No one really cares about overturning Roe at this point. Casey is the operable ruling now. All most Americans have ever wanted is for their to be an agreement about when is it too late to opt for abortion? States have tried viability guesses, the 20-week standard that Europe has settled on, and even just the "born alive" act. All of these reasonable compromises to abortion up to and including the due date were strenuously fought by people like you Vickie, by the people you elect, and by the largest harvester of human tissue in the country, Planned Parenthood (what an ironic name they have!).

Now we have an opportunity, like we always have, for a legislative resolution to these mysteries stirred up by the poorly reasoned Roe and the slightly clearer Casey decisions. The big difference, having a conservative court, will be lack of an automatic rejection of reasonable compromise law like Euro countries enjoy.

walter said...

"automatic rejection of reasonable compromise law like Euro countries enjoy."
Seems like libs and conservatives alike avoid talking about that.

walter said...

adjective: stolid
(of a person) calm, dependable, and showing little emotion or animation.
synonyms: impassive, phlegmatic, unemotional, cool, calm, placid, unexcitable
Eg. Tony said to Donald "I'll be outta here if ya do me a stolid."

MadisonMan said...

Solid and boring. Yes.

Kavanagh needs a different hair style.

Cute daughters.

gerry said...

I bet Hillary is shit-faced tonight.

She's shit-faced every night.

Scott said...

K strikes me as a shrewd tactical choice (easy confirmation, solid judicial background, very limited downside), while a bit of a lost strategic opportunity. I concede though that I am something of a bomb thrower, and thus am likely to prefer a more aggressive choice more as a matter of style than anything else.

It will be fascinating, however, to see how the Left will top their hyperbole when it comes time to replace RBG and (perhaps) Breyer. After all, if this is the 'biggest threat' to All Good Things in our lifetime, what will the next one be?

jimbino said...

I'm curious to learn whether we got just another Roman Catholic humanities major or someone who actually has an undergraduate or even graduate education in STEM. We have enough wishy-washy religious humanities majors on the court already.

Rusty said...

"In the headline of this post, the word "solid" is used. In the first sentence of this post, the word "stolid" is used. Purposeful? Of course."

"I did intentionally use both words, intending them to mean what they, in fact, mean. But I also noticed that the similarity makes it seem like it might be a mistake, and at the time, I disapproved of the distraction. But I was trying to get the post up very quickly, so I refrained from looking for other words to do the work."

Oddly enough I understood exactly what you were going for and was not confused in the least.

RobinGoodfellow said...

Blogger Gahrie said...
“Watching Kavanaugh's daughter during the announcement, it looked like she was thinking: "Man am I glad Biden's not here!" the whole time.”

I know, right? For some reason I got the exact same image of creepy Uncle Joe.

RobinGoodfellow said...

‘I heard the oracle said: "When Hillary Clinton's nomination will lead to a great victory."‘

Brilliant! 😀

Jim at said...

Vote him down! - Trumpit

You suck at math.