Kavanaugh is the product of a community. He is the product of a conservative legal infrastructure that develops ideas, recruits talent, links rising stars, nurtures genius, molds and launches judicial nominees. It almost doesn’t matter which Republican is president. The conservative legal infrastructure is the entity driving the whole project. It almost doesn’t even matter if Kavanaugh is confirmed or shot down; there are dozens more who can fill the vacancy, just as smart and just as conservative.
This community didn’t just happen; it was self-consciously built. If you want to understand how to permanently change the political landscape, it’s a good idea to study and be inspired how it was done.
Back in the 1970s, the legal establishment was liberal. Yale Law School was the dynamic center of liberal legal thinking. Lawyers who had begun their careers during the New Deal were at the height of their power and prestige. The Ford Foundation funded a series of legal aid organizations to advance liberal causes and to dominate the law schools.
.. Business groups funded a series of conservative public interest law firms. But the business groups had no intellectual heft, they were opportunistic and they had zero moral appeal.
.. First came the critique. In 1980, Michael Horowitz wrote a seminal report for the Sarah Scaife Foundation, explaining why conservatives were impotent in the legal sphere. Horowitz suggested, for example, that conservative legal organizations pick cases in which they represented underdogs against big institutions associated with the left.
.. Then came the intellectual entrepreneurs. Aaron Director of the University of Chicago Law School inspired many of the thinkers — like Ronald Coase and Richard Posner — who would create the law and economics movement.
.. This movement was funded by groups like the John M. Olin Foundation, which was willing to invest for the long term and not worry about “metrics” or “measurable outcomes.”
.. Then came the network entrepreneurs. In 1982, a group of law students including Lee Liberman Otis, David McIntosh and Steven Calabresi founded the Federalist Society, which was fundamentally a debating society.
.. The Federalist Society spread to other law schools and beyond pretty quickly. It turned into a friendship community and a professional network, identifying conservative law students who could be promoted to fill clerkships.
.. the key features of the Federalist Society were the limits it would put on itself. It did not take stands on specific policy issues. It did not sponsor litigation on behalf of favorite causes. It did not rate judicial nominees the way the American Bar Association did.
.. Otis, McIntosh and Calabresi all went to work in the Reagan administration. They are now part of a vast army of conservative legal cadres, several generations deep, working throughout the system or at organizations like the Center for Individual Rights and the Institute for Justice.
.. Trump bucked the conservative foreign policy establishment and the conservative economic establishment, but he’s given the conservative legal establishment more power than ever before, which is why there are so few never-Trumpers in legal circles.
.. The members often break down on libertarian versus conservative lines, or, as we saw in the behind the scenes jockeying recently, between social conservatives (for Amy Coney Barrett) and establishment conservatives (for Brett Kavanaugh).
Babies are seized from their mothers’ arms. Photographs show their anguish. News reports describe their cages. A recording captures their wailing and a U.S. border official’s cold mockery. A defiant President Trump falsely blames others for the misery he created.
And Republican lawmakers respond as they often have: They hold another hearing about Hillary Clinton’s emails.
But they have run this play too many times before.
.. Just 29 seconds into Tuesday’s hearing on the defeated Democratic 2016 presidential nominee and her emails, Rep. Jerrold Nadler (N.Y.), top Democrat on the Judiciary Committee, interrupted to point out that something more important needs attention.
.. “They are children who have been forcibly removed from their parents in our name.”
Republicans on the committee tried to silence Nadler with calls of “order!”
Nadler spoke over them: “The United States should be better than this. We should not put children in cages.”
“Regular order!” called out Rep. Bob Goodlatte (R-Va.), chairman of the Judiciary Committee.
.. Ah, so it’s “regular order” to have the umpteenth hearing about a now-private citizen’s emails, but you’re “pulling” a stunt if you talk about the Trump policy under which border guards are reportedly telling parents they are taking children “for a bath” and the children never return.
No, Republicans, your “regular order” is out of order.
.. As soon as Gowdy had silenced Nadler, two women in the back of the room, with infants in their laps, began to heckle the lawmakers about the inhumanity of Trump’s family separation policy.
Gowdy slammed the gavel to the dais and demanded that the mothers and babies be removed. (At least the Capitol Police had the good sense not to take the babies from the mothers.) “We will be in recess until the Capitol Police restore order!” Gowdy proclaimed.
But “order” remained elusive.
.. Shortly after the moms and babies were evicted from the room, Rep. Elijah E. Cummings (Md.), top Democrat on the Oversight Committee, spoke. “Are we really going to sit here, 70 members of the Congress of the United States of America, in 2018, and have a hearing . . . on Hillary Clinton’s emails?”
.. “We should be able to agree that we will not keep kids in child internment camps indefinitely and hidden away from public view. What country is that? This is the United States of America! We now have reports of parents being deported, but the Trump administration is keeping their children here.”
.. Unhappy that Clinton wasn’t charged in 2016 for mishandling her emails, they had demanded an investigation into the original investigation of Clinton. That investigation, conducted by Justice Department Inspector General Michael Horowitz, last week reported misconduct by some officials but “no evidence that the conclusions by the prosecutors were affected by bias or other improper considerations.”
.. Now Republicans, still unsatisfied, are threatening to investigate the investigation of the investigation of Clinton. Senate Republicans hauled Horowitz in Monday, and House Republicans hauled him in Tuesday, to field questions for seven hours from 70 lawmakers
.. they care more about a scrubbed server than a clean conscience.
The investigation is looking at a variety of allegations, including whether it was improper for former FBI Director James Comey to make a public announcement about not recommending prosecution over the email arrangement – he also faulted Clinton and her associates for being “extremely careless” with classified information.
Department of Justice Inspector General Michael Horowitz also is reviewing whether FBI Deputy Director Andrew McCabe should have recused himself from the probe early because of his family’s ties to the Democratic Party.
.. Horowitz told lawmakers during a November congressional hearing that he is aiming to release the report in the “March, April time period.”
.. Horowitz said his team would look at whether “certain underlying investigative decisions were based on improper considerations.”
.. Horowitz said the review is looking at whether any DOJ or FBI employees improperly disclosed non-public information.
.. “The political compromise of the DOJ and FBI during the Obama administration needs to be confronted immediately,” Fitton said.
.. But Fitton also acknowledged that the report could be welcomed by Clinton – who has blamed Comey’s Oct. 28, 2016 letter telling Congress he had re-opened the email investigation for contributing significantly to her loss.
[Notice how Foxnews puts 3 photos side by side, simulating what it would be like if Peter Strzok were in a police lineup]