Settled Law, Settled Liar: Mistrust Rising

When an evasion is really, dangerously, a lie

Supreme Court nominee Brett Kavanaugh’s  dance around the question of whether he would overrule Roe v. Wade makes one wonder, on what other matter has one of his evasions, stripped of legalistic nuances, amounted to a lie.

Certainly Kavanaugh’s dodge around the Roe issue, that Roe is “settled law,” thus implying it was immune to being found unconstitutional by the Supreme Court, is a lie.  This was the the lie told to Republican Senator Susan Collins of Maine, a staunch supporter of Roe v. Wade, in what she characterized as a lengthy one-on-one discussion. She reported that Kavanaugh said he regarded Roe as “settled law.”

As one commentator on MSNBC or CNN (sorry I forget which, and who) quipped: “Well, settled law is settled until it isn’t.”

Now, thanks to the recent release of an email heretofore kept under Republican Senate Judiciary Committee wraps as “committee confidential,” we find Kavanaugh, back in 2003, saying “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since [the Supreme] Court can always overrule its precedent, and three current Justices on the Court would do so.”

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Supreme Court Delivers Big for the Ruling Class

What do you get when you add 5 to 4 to 5 to 4 to 5 to 4?

(a) 27

(b) 5/9 + 5/9 + 5/9 = 15/9 = 1.6666666 . . .

(c) Ruling Class Infinity,  the rest of us Zero

The answer is all of the above, but (c) is the most important, if . . .

You take a look at three Supreme Court decisions made in May and June by the notorious 5 to 4 margin, it all adds up.

Foremost, in Janus v. AFSCME, decided in June, the Court eviscerated public sector unions by gifting nonmembers within a unionized workplace an exemption from paying “fair share” fees. Those are the fees charged to nonmembers who refuse to pay dues while still getting the workplace benefits obtained by the union.  That is, a means by which to make free-riding by nonmembers a little less free.  Now the Supreme Court says free-riding is A-OK in the disingenuous name of “right to work.”

That’s the short version. For the long version, see this excellent piece in Slate.com: Crushing effect of Janus vs AFSCME decision

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Civility on the Chopping Block: Why Democrats Lose

What Mitch McConnell’s Total War Tells Us

Senate Majority Leader Mitch McConnell had no qualms about squashing the Democrat Party’s attempt to filibuster the Gorsuch nomination to the Supreme Court, any more than he had qualms about refusing to allow Obama’s nominee Merrick Garland even to be heard in committee a year ago.  The Garland episode was abundantly unfair. Certainly Mitch McConnell in his heart of hearts knew that to be so.

But Mitch McConnell doesn’t care about fairness. Just as with his categorically obstructionist policy regarding all things Obamain, fairness was the farthest thing from his mind.  All’s fair in love and war is the axiom by which he and his fellow Republicans operate. Whatever we may think about McConnell’s ugly enough racial and personal biases against the former President, the key deciding factor that animated his obstructionism was the challenge to Business as Usual represented by the upstart senator Obama. . . and it had to be crushed at all costs.

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