Half of Senate Confirms Kavanaugh to Supreme Court, 50-48; Controversy Over Kavanaugh and Abortion, Blasey Ford

File Photo of Portion of U.S. Capitol Dome and U.S. Flag, adopted from .gov image by Steven C. Welsh

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Judge Brett Kavanaugh of the D.C. Circuit Court of Appeals, on Oct. 6, 2018, was confirmed to a seat as Associate Justice on the U.S. Supreme Court by a Senate vote of 50-48.

One Senator voting “present,” indicating that, while she would have voted “no,” she was pairing her vote, presumably as a courtesy, was pairing her vote with another Senator who was absent for his daughter’s wedding.



There was recurring bedlam from the Senate gallery, with Vice President Mike Pence repeatedly instructing the Sergeant at Arms to restore order.

So Kavanaugh was not actually confirmed by a majority of the Senate itself, but merely a slight majority of those Senators present. Had one vote changed to the negative, Pence could have broken the tie in favor of confirmation. Apparently if all Senators had been present, the Senator attending the wedding, and the Senator pairing her vote with him, would have made the total 51-49, also resulting in confirmation.

Supreme Court Facade with Parkland and Blossoming Trees, adapted from image at supremecourt.govThe Kavanaugh nomination drew controversy on multiple counts. Some proponents of decriminalized abortion suggested that Kavanaugh might become the deciding vote on the Court to scale back or reverse past decisions blocking prosecutions for abortion, while others suggested the Kavanaugh would actually uphold abortion.



The author of this article repeatedly raised concerns about Kavanaugh’s association with outgoing Justice Anthony Kennedy, and Kavanaugh’s ongoing publicly professed admiration for Kennedy.

Kennedy is one of the main architects of judicially spawned abortion in the United States, as well as a major architect of judicially fostered homosexual jurisprudence. Kennedy was the deciding vote and co-author of the Planned Parenthood of Pennsylvania v. Casey decision in 1992 that carried forward decriminalized abortion when it essentially upheld but modified Roe v. Wade. Kavanaugh clerked for Kennedy within a year or so of that decision.

Kennedy would later vote, and co-author, Supreme Court jurisprudence promoting the idea of sodomy, homosexuality and homosexual “marriage” as Constitutional rights.

Kavanaugh updated and reaffirmed his association with Kennedy during Kavanaugh’s nomination process by declaring Kennedy to be a champion of liberty, leaving a legacy of liberty. As pointed out by the author, that position defies the notion that the first liberty is the right of the innocent not to be deprived of life, as well as the concept that a government’s legitimacy is grounded up its defense of human life, one of the tenets of other basic principles such as justice and peaceful social order.



Meanwhile, however excruciating or involved the confirmation and investigative process might have become, there appeared to be no definitive resolution of questions raised about past alcohol-related criminal sexual wrongdoing by Kavanaugh, alleged by psychology professor Dr. Christine Blasey Ford, or other issues raised by Ford or others. One might wonder why, and how, a process that became so intrusive and so involved did not manage to get to the bottom of what actually did, or did not, happen.

In the past, a scholar of evidence raised the point that, regardless of a generalized American concept of “innocent until proven guilty,” in law, itself, there are different standards of proof for different frameworks and different purposes. For example, a criminal proceeding aimed at depriving life or liberty requires proof beyond a reasonable doubt, while a civil proceeding considering financial compensation only requires proof by a preponderance of the evidence. Even within a civil proceeding, there are different levels of proof for such steps as summary judgment, dismissal, the awarding of legal fees against a frivolous claim, and so forth.

In the case of a confirmation hearing, the issue is not whether to deprive the nominee of life or liberty, or of extracting money damages. The issue is whether to abstain from providing a position of great power. So, even though the subject matter relates to allegations of criminality and allegations of tortious misconduct, the standard of proof, and the willingness to remain neutral by not moving forward with confirmation, presumably could be different than the standards of proof for a criminal trial or civil proceeding.







 

If You Are Prolife, You Need to Oppose the Kavanaugh Nomination

File Photo of Portion of U.S. Capitol Dome and U.S. Flag, adopted from .gov image by Steven C. Welsh

Former Supreme Court Justice Anthony Kennedy was one of the architects of Abortionism as the deciding vote and co-author of the 1992 Planned Parenthood of Pennsylvania v. Casey decision that modified Roe v. Wade yet carried forward the decriminalization of abortion.

Yet, within a year, current Donald Trump Supreme Court nominee Brett Kavanaugh signed on as a law clerk for Anthony Kennedy. Rather than repudiate that decision and apologize, during his nomination process, Kavanaugh instead has ratified and updated his association with Kennedy by calling Kennedy a champion of liberty, saying Kennedy has left a legacy of liberty.



So Kavanaugh clerked for a pro-abortion Justice who was the deciding vote keeping abortion going, and now promotes the pro-abortion Justice as a “champion of liberty.”

If you are prolife, you need to oppose the Kavanaugh nomination. And, if you do not, it calls into question whether you were ever pro-life to begin with.

Kavanaugh additionally allowed pro-abortion Condolleeza Rice to help introduce him before the Judiciary Committee.

Kavanaugh’s association with powerful, celebrity pro-abortion figures implies a shocking lack of moral conscience and poor judgment.

Abortion is the biggest human rights violation of our time, and he has associated himself with it by his actions and his remarks.



Human life, and the right of the innocent not to be killed, is the most fundamental of liberties, making abortion one of the biggest enemies of liberty. Protection of innocent human life also is one of the foundations of legitimate government, one of the excuses government has for existing in the first place. Yet Kavanaugh has associated himself with enemies of the right to life and persons who thereby have set themselves against the defense of American lives.

Working for a pro-abortion judge, alone, is enough to make Kavanaugh unfit. Yet calling a pro-abortion judge a champion of liberty means that Kavanaugh is a person who stands liberty upside-down and someone whose analytical intellect is either wholly unfit or twisted by self-serving dishonesty.

One can only speculate as to Kavanaugh’s motives, then and now.

Yet one of the biggest problems with abortion today is the risk that something horrific and unthinkable, the deliberate taking of defenseless human life, has become “business as usual” or routine. Kavanaugh’s casual attitude towards saluting Kennedy contributes to a climate of human life being regarded as cheap and expendable.

Kavanaugh’s flippant, oblivious attitude stands in the way of the necessary readjustment of public attitudes about this widespread human rights violation.

As such, Kavanaugh might even be responsible for deaths already. Women in difficult situations, pressured into confused acquiescence with the killing of their child, might back their way into because some segments of society wish to blur over the nature of the situation. Kavanaugh has added to the blur.

Given his origins as a local Washingtonian child of privilege, we have no idea to what extent Kavanaugh is a self-serving social climber who decided to “go along to get along.” We know that, amidst accusations of drunken, underaged, psychopathic, criminal behavior, Kavanaugh, in a sometimes emotionalistic set of responses, blurted out defensive remarks about his high school class rank — as if that piece of data had any relevance whatsoever to the charges.

Now, Kavanaugh did not even go to the best school for boys in the Washington area. That would be Saint Anselm’s Abbey Academy, traditionally one of the top-10 schools in America for SAT scores. Kavanaugh went to a different school that presumably is respectable academically, yet is more of a posh, country-club-like school. Yet if, all these years later, as a would-be grown-up, aKvanaugh still gets excited about his class rank, to the point that he apparently thinks it helps deflect accusations of criminality, just how important was it to him to climb the social ladder, such as with Yale, plumb judicial clerkships and so forth.

Kavanugh is somebody who was made a partner at Kirkland & Ellis less than a decade out of law school, with no law firm experience, based solely on his judicial clerkships, a brief stint with the Solicitor General and his work for Special Prosecutor Ken Starr.

Did Kavanaugh really not care about the mass murder of innocent American babies in the womb, if being oblivious to that horror meant fluffing his resume with a Supreme Court clerkship, instead of rejecting involvement with a human rights violator?

Is his desire to fluff his credentials now so great, that he wants to continue gliding along in the giddy heights of legal profession and Washingtonian elites, by fantasizing that the clerkship was something impressive, with a champion of liberty, rather than a black mark on his record that should bar him from his own judicial appointment?

In any event, his current posture makes him morally and intellectually unfit for judicial office.

If you, yourself, want to be known as prolife, you cannot support him. If you do support him, you are making it “open season” to expose yourself as not being prolife.

And that goes for the big-money anti-abortion groups that have decided to endorse Kavanaugh personally instead of simply addressing the broader issue. With roughly 60 million surgical abortions in the United States and counting, it would be silly to refer to anything like a “pro-lif establishment.” Yet, to the extent that some big-money nonprofits have tainted themselves by endorsing a troubled nominee like Kavanaugh, they also have exposed themselves as not being a good source of insight or leadership, as not being authentically prolife; and as not being an appropriation destination for financial gifts.

Again, if you, yourself, want to be known as prolife, you cannot support Kavanaugh. If you do support him, you are exposing yourself as not being prolife.





Brett Kavanaugh’s Association with Pro-Abortion Anthony Kennedy Renders Him Unsuitable for the Supreme Court

Supreme Court Facade with Parkland and Blossoming Trees, adapted from image at supremecourt.gov

Brett Kavanaugh’s association with, and ongoing endorsement of, pro-abortion former Supreme Court Justice Anthony Kennedy as a champion of “liberty,” reveals Kavanaugh’s lack of moral compass and judicial and intellectual incompetence.  As such, any loyal American and any person with respect for human life should oppose his confirmation to the Supreme Court and call for his removal from the judiciary.

The biggest threat to American lives, for four decades, has been so-called “abortion,” the deliberate taking of human life in a mother’s womb. Sixty million surgical abortions alone since the Roe v. Wade decision blocked prosecutions for abortion make it a bigger killer of Americans than all wars combined.  On average, abortion is nearly like having 9/11 occur every single day.



In 1992, abortion was kept decriminalized by Planned Parenthood v. Casey, with Anthony Kennedy serving as the deciding vote and co-author of the main opinion.

Yet, despite Kavanaugh’s supposed affiliation with the Catholic Faith, and despite his supposedly elite education, Kavanaugh was willing to serve as a law clerk for Anthony Kennedy within a year of Kennedy’s human rights violation as a perpetrator of Planned Parenthood v. Casey.

If Kavanaugh had repudiated his past association with Kennedy, and attributed it immaturity, or a lack of awareness of the horrific scope and nature of abortion within less than two decades of Roe v. Wade, there still would be cause to reject his nomination.

Yet, right up until the present, and throughout his nomination process,  Kavanaugh has aggravated his wrongdoing, updated his association with Kennedy, and made it even more egregious by referencing Anthony Kennedy as having a legacy of liberty or being a champion of liberty.

That places Kavanaugh in the position of praising and admiring one of the architects of some of the most massive and atrocious human rights violations in human history.



Additionally, the scope of abortion as, literally, a direct threat and attack on the American population, calls for charges of de facto treason, and calls into question Kavanaugh’s patriotism and loyalty to the United States.

These facts alone would require a rejection of his nomination.

Defense of human life is the cornerstone of a national government’s right to exist, its justification for being a government.

Yet to associate an architect of decriminalized abortion with liberty, a cornerstone value of the American Republic, not only reveals Kavanaugh as an anti-American hypocrite, it calls into question his competency to engage in rational thought and honest intellectual analysis, and therefore calls into question his capacity to serve on the bench.

The most fundamental liberty, and first liberty interest mentioned in the nation’s founding Declaration of Independence, is the right to live and not be killed.

Abortion, the deliberate taking of defenseless human life, is the opposite of liberty.



Indeed, it is the defenselessness of the targeted victim that helps defines abortion. If a child in the womb had the capacity to defend herself, there would be no abortion.

Moreover, abortion’s scope is not only an existential threat to America, it is an existential threat to American democracy and the legitimacy of the American government.  It is not simply the the case that government justifies its existence on its ability to defend human life, but embraces the taking of human life on a massive scale.

Decriminalized surgical Abortion has killed roughly the same number of persons necessary to get elected to the Presidency.  One of the major political parties is in a position where it cannot form a legitimate government, because roughly as many Americans have been killed, in their mothers’ wombs, as the number of votes that party gets in presidential elections.  It would be like Hitler murdering 6 million Jews, getting 6 million votes from Nazis, and claiming that he was duly elected by the nation as a whole.

And, in addition to some Republicans being pro-abortion themselves, lukewarm Republicans mouthing anti-abortion positions but tepidly failing to take action to remedy the situation, call into question their own weak leadership and legitimacy.

Yet, on the level of intellect and rational analysis, Kavanaugh’s lauding of the person most responsible for decriminalized abortion as a champion of “liberty” is not simply treasonous.

It is, to put it simply, stupid.

Since getting killed is the opposite of liberty, Kavanaugh lauding an architect of the mass-killing of innocent American lives makes Kavanaugh sound like a manipulative liar and an intellectually stunted buffoon.



Additionally troubling is the context of Kavanaugh as a Washingtonian child of privilege, raising the prospect of him “going along to get along,” putting status and prestige, and resume-filling, ahead of right and wrong and ahead of loyalty to the nation.  His continued malfeasance in praising Kennedy raises the prospect of Kavanaugh of putting the desire to be “in with the in-crowd,” whether in Washington or in the troubled would-be “legal” profession ahead of moral and intellectual sanity, and ahead of the duty to protect American lives.

Any loyal American should oppose the Kavanaugh nomination.

Any person wanting to respect human life should oppose the Kavanaugh nomination.

Andy would-be “anti-abortion” group or individual, or would-be “conservative” group or individual that endorses Kavanaugh should be dismissed as contrary to their supposed mission; should be denied donations or honors; and should be rejected as a would-be voice for pro-life or traditional values.

Any legislator promoting the Kavanaugh nomination should be rejected and voted out.  If such a person has been posing as pro-life or traditional values or conservative, that might help explain why decriminalized abortion has malingered on for four decades — because someone flying a “false flag” took up space in the body politic that should have gone to someone who actually holds those values.

Of course, another reason that decriminalized abortion has malingered on has been Congress going AWOL, committing dereliction of duty and drawing their salary under false pretenses, by failing to carry out their Constitutional duty to impeach and remove renegade judges — renegade judges and justices committing crimes against the Constitution and associating with the treasonous mass-killings of Americans in their mother’s wombs.



The Constitution provides measures for its own amending.  A renegade judge or justice amending the Constitution in violation of that provision — such as by judicial fiat, by a vote of less than ten politically lawyers serving as justices — has committed an illegal act.

A renegade judge doing so, with the foreseeable and known result of the mass-murder of Americans, should be regarded as treasonous.

The Constitution does not have a gap allowing such a thing to happen; the Founding Fathers did not have a lack of foresight to fail to provide for such a contingency.  The Constitution provides for the removal of judges, by action of Congress.  Failure to carry out that Constitutional duty makes the weak, derelict legislators accessories by omission.

If we see that the same people pushing the Kavanaugh nomination also have failed to carry out their Constitutional duties of office, if we see that they have failed to take steps to remove renegade judges, then their involvement with Kavanaugh provides a useful filter calling for their exposure and removal —  a fresh reminder that they need to be rejected as failed leaders and removed from office, and replaced with actual leaders who will do their jobs and be loyal to America.



Of course, an added factor is that President Donald Trump also has praised Anthony Kennedy.

As long as Trump remains in office, it is up to Americans to send the nomination back to Trump, and tell him to “get it right’ this time by rejecting Anthony Kennedy’s anti-American legacy and nominating a proper nominee instead of Kavanaugh.

Meanwhile, Trump has added further disgrace by appointing a pro-abortion Republican, Rudolph Giuliani, to a key White House post.

If there is an effort to “Dump Trump,” these embarrassing missteps should prompt such a movement now, while there is still time before the next Presidential election.

A Republican failure to do so would further expose, as fraudulent “cocktail conservatives,” any Republicans who additionally demonstrate a disrespect for the nation by attempting to push forward the troubled Kavanaugh nomination.





U.S. Capitol file photo

Brett Kavanaugh, Trump Supreme Court Nominee, Clerked for Pro-Abortion Anthony Kennedy, Year After Kennedy Cast Deciding Pro-Abortion Vote in Planned Parenthood v. Casey

Supreme Court Facade with Parkland and Blossoming Trees, adapted from image at supremecourt.gov

For the second time in a row, President Donald Trump has nominated to the Supreme Court someone who chose to clerk for pro-abortion Justice Anthony Kennedy not long after Kennedy cast the deciding vote to keep abortion decriminalized, despite abortion being the biggest threat to American lives and one of the most grotesque human rights violations of this era.



Planned Parenthood v. Casey, which modified yet, nevertheless, reaffirmed Roe v. Wade, was argued April 22, 1992 and decided on June 29, 1992.

Trump’s latest nominee to the Supreme Court, Brett Kavanaugh, signed on to be a law clerk for Kennedy for the October term of 1993, according to Kavanaugh’s public biography on the D.C. Court of Appeals web site.

By comparison, Supreme Court Justice Neil Gorsuch is listed as having clerked for Justices Byron White and Anthony Kennedy in 1993 and 1994.  (Gorsuch’s path was a bit more circuitous.  He was hired as a kind of retirement benefit for a newly retired Justice White, similar to former presidents being provided a secretary.  While on the scene, he benefited from the opportunity for such “clerks” to also be added to the work done for actual, active Justices.)



The willingness to clerk for a pro-abortion jurist, especially so soon after Kennedy cast the deciding vote to keep abortion alive as judicial precedent, would ordinarily call into question the moral compass of a legal professional; his commitment or lack thereof to respect for human life; or his willingness to sacrifice moral principles for the sake of wealth, status and advancement.

Many questions remain — is Kavanaugh himself pro-abortion; does he simply not care that much about the matter; is he willing to “go along to get along” to gain wealth and status.  He later became a partner at the prominent Kirkland and Ellis law firm with little or no apparent law practice experience, with his main resume points being the Supreme Court clerkship and several years of assisting Ken Starr’s special prosecutor activities.



Any temptation to seek to minimize the significance of Kavanaugh’s actions because of the passage of time or his comparatively younger age would have to ignore the fact that he already was a grown man a few years out of law school, with other judicial clerkship experience already behind him.

Yet most glaring is his willingness, like Gorsuch, to ratify and make current his moral failing by saluting Anthony Kennedy in his remarks at the White House during the announcement of his own nomination to the Supreme Court.

With that action, his moral apathy and lack of a properly formed moral conscience was not simply part of a career stepping stone in his twenties.  It was updated to become part of his reality today.

Given the mind-boggling, and therefore treasonous scope of so-called abortion, apparently nearing 60 million Americans dead in their mother’s wombs from surgical abortions alone since Roe v. Wade, the logical response should be to oppose the Kavanaugh nomination and begin the process of replacing Trump.

Trump still has time to reverse course and find a more appropriate nominee.  Yet there is little indication that he would do so, especially considering his insistence of repeating his praise of his own mistaken choice of Gorsuch.

Even though Trump promised to “drain the swamp” and assist a Culture of Life, two times in a row he has nominated a former Washingtonian insider child of privilege who clerked for the same pro-abortion Supreme Court Justice.  He has done so in a climate of moral quietism that tries to treat the unthinkable horror of abortion as “business as usual” or settled law.

For thinking Americans who care about American lives, right and wrong and a solid national foundation in rule of law, the best choice is to oppose the Kavanaugh nomination and begin the process of replacing Trump with someone more suitable.