Three Questions for Judge Kavanaugh

Judge Kavanaugh, I don’t know what happened in 1982. But I’m deeply troubled by what I perceive as your lack of integrity last week. You told the Senate Judiciary Committee under oath that your “have you boofed” yearbook question referred to farting, that “devil’s triangle” was a drinking game, that a “Renate alumnius” was simply a friend of Renate with no sexual insinuations, that the drinking age was 18.

Really? As James Comey tweeted: “small lies matter, even about yearbooks.” No one sensible is going to hold teenage drinking against you, but we are bothered when you mislead senators and the public today and deny what is obvious: As you put it in 1983, “we’re loud, obnoxious drunks.”

.. What can we call these but lies? And they come on top of deeply misleading testimony about your knowledge of stolen documents when you were in the Bush White House and your involvement in judicial nominations then.

.. 2. Do you have empathy for those who aren’t so blessed as yourself?

An air of entitlement hangs over both your testimony

.. Where the Supreme Court has made its worst mistakes, the problems have arisen often not from a lack of intelligence but from a failure of empathy.

  • In Dred Scott and Plessy, justices did not appreciate what it meant to be black in America;
  • in Korematsu, what it meant to be a Japanese-American facing internment;
  • in Buck v. Bell, what it meant to be a marginalized woman;
  • in Lochner, what it meant to be a laborer;
  • in Bowers v. Hardwick, what it meant to be gay.

If you had been on the court, Judge Kavanaugh, in 1873 for Bradwell v. Illinois, which upheld the State of Illinois’s decision to deny a woman a license to practice law based on her gender, your opinion no doubt would have been well reasoned — but would it have been just?

The American Bar Association’s Model Code of Judicial Conduct states, “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Sneering at senators, even when feeling provoked, does not fit that code.

.. I’ve learned from my criminal justice reporting that witnesses err surprisingly often. You have earned a reputation as a first-rate conservative judge, and I thought it possible that there was some mistake and that you had been terribly wronged. But ultimately what perhaps damaged you most was not the unproven allegations of assaults decades ago, but your own lies and partisanship just last week.

.. President Trump has mocked Dr. Blasey, and Republican senators have released an explicit sexual statement to shame Julie Swetnick, another woman whom they have not bothered to listen to. So it appears that your side’s strategy is not to dispel the suspicion but rather to humiliate the accusers — violating them in a display of power and entitlement that is an echo of what they say took place so many years ago.

If that’s the path you choose, you should not sit on the Supreme Court.

Trump Jr. mocks sexual assault claim against Kavanaugh

Donald Trump Jr. posted an image on Instagram with the caption “Judge Kavanaugh sexual assault letter found by Dems…”

The photo attached shows a crumpled-up piece of notebook paper with a scribbled message: “Hi Cindy will you be my girlfriend, Love Bret.” The note has boxes to check for “yes” or “no” and seems to compare Kavanaugh’s accuser to a schoolyard crush.

.. Trump Jr. also “liked” a tweet from conservative actor James Woods which compared the accusation to a #MeToo “lynching.” Woods later deleted the tweet.

Republican Rep. Billy Long of Missouri also took to Twitter to mock the accusation, retweeting a message from another user who posted a black-and-white photo of a little boy kissing a little girl on the forehead.

Kevin Williamson, Thought Criminal

the other day, EJ Dionne praised a piece by Ramesh and me on the need to criticize Trump. I responded:

Thanks.
That’s fine and I agree (and have been). But I think liberals should also think about how they invited the backlash that Trump rode. There’s plenty of blame across the ideological spectrum.

My tweet elicited a torrent of question-beggingself-righteous bilge from liberals who couldn’t imagine that liberals have any role in the mess that we are in. Assaults on free speech, the constant mockery and condescension from the commanding heights of Blue America, the refusal to consider any reasonable reforms to immigration, Hillary Clinton’s dynastic entitlement and contempt for “deplorables,” and the pushing of identity politics seem always to be noble do-goodery without a smidgen of overreach.

.. Michael Anton, who penned “The Flight 93 Election” back when he was hiding behind a pen-name, articulated very well in an exchange with me what millions of conservatives believe to be true:

The old American ideal of judging individuals and not groups, content-of-character-not-color-of-skin, is dead, dead, dead. Dead as a matter of politics, policy and culture. The left plays by new rules. The right still plays by the old rules. The left laughs at us for it — but also demands that we keep to that rulebook. They don’t even bother to cheat. They proclaim outright that “these rules don’t apply to our side.”

.. I disagree with Anton’s prescription — to surrender to identity politics and cheat the way our “enemies” do — but I cannot argue much with this description of a widespread mindset. Many on the right are surrendering to the logic of the mob because they are sick of double standards. Again, I disagree with the decision to surrender, but I certainly empathize with the temptation. The Left and the mainstream media can’t even see how they don’t want to simply win, they want to force people to celebrate their victories (“You will be made to care!”). It isn’t forced conversion at the tip of a sword, but at the blunt edge of a virtual mob.

.. Kevin Williamson’s views on abortion put him outside the mainstream. And he was fired from The Atlantic merely for refusing to recant them.

Meanwhile, extreme views on the left are simply hot takes or even signs of genius. Take the philosopher Peter Singer. He has at least as extreme views on a host of issues, and he is feted and celebrated for them. He is the author of the Encyclopedia Britannica’s entry on “Ethics.” He holds an endowed chair at Princeton. He writes regularly for leading publications. And he argues that sometimes it’s okay to kill babies, as in his essay “Killing Babies Isn’t Always Wrong.” “Newborn human babies,” he writes, “have no sense of their own existence over time. So killing a newborn baby is never equivalent to killing a person, that is, a being who wants to go on living.” He cutely asks whether people should cease to exist. (He ultimately and grudgingly answers “No.”) Oh, he also argues in favor of bestiality.

And he’s been profiled favorably in the pages of The Atlantic.

.. Singer’s work does not render him anathema in elite circles, it earns awards, praise, and celebration for its ruthless consistency and edgy provocation. He is not fired for what he writes never mind what he thinks. I have no doubt some people don’t think this is a perfect example of a double standard, and I could come up with some objections to it myself. But if you can’t see why some people — fellow American citizens — see it as a glaring double standard, you are part of the problem.

Longtime NR Friends John Bolton and Larry Kudlow Head to the White House

Correct. Trump is really good at “driving a media agenda.” He takes bold, beyond-the-Overton-window positions; he gets combative in interviews, he insults critics, he insists solutions are simple and that only a conspiracy of the malevolent and foolish stands in the way of enacting them.

.. I used to joke that Bill Clinton was the only guy who could distract attention from a fundraising scandal by getting into a sex scandal. 

.. Trump figured out how to overload the system, generating so many headline-grabbing surprises, controversies and personnel changes that few if any really had the time to leave a lasting impression.

.. just during a couple months in the campaign, we saw Trump contending that a federal judge couldn’t rule fairly because “he’s a Mexican;” mock Carly Fiorina’s face; get into a war of words with a slain soldier’s father. Any one of those would have defined and politically destroyed a lesser-known figure.

.. Think about how Obama and the Democrats spent almost all of 2009 and a chunk of 2010 focused on what became Obamacare. But the amount of consistent focus — and presidential persuasion — needed to pass a legislative agenda is completely different from the amount needed to dominate a news cycle.

Every time it seems the president has zeroed in on an issue, and appears determined to see it through — guns and immigration are just the two latest examples — he moves on to something else. And Congress, which isn’t designed to respond swiftly to national events and the wishes of the White House even in the least distracted of circumstances, simply can’t keep up.

The constant whiplash of priorities is getting on lawmakers’ nerves.

“It’s unbelievable to me,” said Sen. Susan Collins (R-Maine). “The attention span just seems to be. . . it’s a real problem.”