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Title: Kavanaugh confirmed to Supreme Court after bitter fight, securing rightward shift
Source: [None]
URL Source: https://www.foxnews.com/politics/ka ... fight-securing-rightward-shift
Published: Oct 6, 2018
Author: Adam Shaw
Post Date: 2018-10-06 17:56:09 by Justified
Keywords: None
Views: 2014
Comments: 28

The Senate voted Saturday to confirm Judge Brett Kavanaugh to the Supreme Court, marking the end to one of the most rancorous confirmation fights in modern times and securing a rightward shift on the nation’s highest court.

The chamber voted 50-48 to confirm Kavanaugh, mostly along party lines, after a weeklong FBI probe helped settle concerns among most wavering senators about the sexual assault allegations that nearly derailed his nomination and led to a dramatic second hearing. Saturday’s roll call marked the tightest successful Supreme Court confirmation vote in over 100 years, closer than even that of Clarence Thomas who similarly faced sexual misconduct allegations.

Sen. Joe Manchin, D-W.Va., was the sole Democrat to vote “yes.” Sen. Lisa Murkowski, R-Alaska, was a “no,” but voted “present” as a courtesy to Sen. Steve Daines, R-Mont., who was attending his daughter’s wedding in Montana.

Kavanaugh was scheduled to be sworn in as an associate justice of the court on Saturday night.

Democrats reacted to the vote by urging supporters to turn out to the polls in November for the midterms.

“The American people are raising their voices to a deafening roar today. We will not stop marching, we will not stop fighting, and we will vote on Election Day for leaders who share our values.” Democratic National Committee Chair Tom Perez said in a statement.

House Minority Leader Nancy Pelosi, D-Calif., said it was a "heartbreaking day for women, girls and families across America." She also announced she is filing a Freedom of Information Act request so the public can view documents connected to the FBI's background investigation into sexual assault allegations against Kavanaugh.

“The conduct of the Senate Republican Majority did violence to the reputation of both the Senate Judiciary Committee and the Supreme Court. We must proceed in a judicious manner to set the record straight and ensure that this never happens again,” she said.

Senate Majority Leader Mitch McConnnell, R-Ky., brushed off criticism from Democrats and said it was "a good day for America and an important day for the Senate."

"We stood up for the presumption of innocence, we refused to be intimidated by the mob of people coming after Republican members at their homes and hallways," he said.

"I applaud and congratulate the U.S. Senate for confirming our GREAT NOMINEE, Judge Brett Kavanaugh, to the United States Supreme Court," President Trump tweeted. "Later today, I will sign his Commission of Appointment, and he will be officially sworn in. Very exciting!"

The result was all but secured Friday night when undecided Sens. Manchin and Susan Collins, R-Maine, announced they would vote to confirm Kavanaugh, along with Sen. Jeff Flake, R-Ariz., who threw a curveball into the process when he requested the supplemental background probe last week as a virtual condition for support. Collins, on the Senate floor Friday, dismissed claims that Kavanaugh would be an extremist judge, and said the sexual assault allegations against Kavanaugh failed to meet the “more likely than not” standard.

The explosive battle over his seating as the ninth justice extended Saturday into the vote itself, with protesters shouting from the gallery and packing the Capitol and Supreme Court grounds – vowing to inflict payback against Republicans in November, and indicating Kavanaugh will be a lightning rod for years to come.

“A vote to confirm Judge Kavanaugh today is a vote to end this brief, dark chapter in the Senate’s history and turn the page toward a brighter tomorrow,” McConnell said ahead of the vote, over which Vice President Pence presided.

While largely emerging from his formal confirmation hearing unscathed, Kavanaugh faced a late burst of sexual assault allegations from multiple women from when he was in high school and college. At the hastily convened second hearing that also featured accuser Christine Blasey Ford, he furiously and at-times emotionally denied the claims and attacked Democrats and left-wing activists for their handling of the allegations.

Ford, though, maintained she was “100 percent” sure he groped her and tried to force himself on her at a high school party.

Democrats said the claims were credible and called for further investigation, or even for Kavanaugh to withdraw. Ford’s account represented just one battleground. After she first came forward, prodded into the public eye by press leaks, another woman, Deborah Ramirez, said Kavanaugh exposed himself to her when they were at Yale. Another still, Julie Swetnick, claimed he and his friend Mark Judge (also accused of being in the room during the Ford incident) were involved in or present at “gang” rapes. Kavanaugh and Judge adamantly denied it all.

While Kavanaugh’s confirmation sometimes looked in doubt, particularly after the testimony of Ford, Republicans and the White House rallied to Kavanaugh’s side -- pointing to alleged inconsistencies and also a lack of corroborating evidence on the part of the accusers. They also slammed Democrats, accusing them of politicizing the accusations and trying to destroy Kavanaugh.

“Boy y’all want power, God I hope you never get it, I hope the American people can see through this sham,” a visibly angry Sen. Lindsey Graham, R-S.C., told Democrats at last week’s hearing.

Republicans conceded to the demand for a limited FBI investigation by Sen. Flake last Friday. Democrats had been demanding such an investigation into the assault claims, but criticized this one as not being thorough enough even before it had finished earlier this week.

On the Senate floor Saturday, Sen. Mazie Hirono, D-Hawaii, said the investigation was not comprehensive, and was "a sham, a fig leaf for the Republicans to hide behind."

Democrats expressed concern not only about the sexual assault allegations, but also his judicial record, arguing that he would overturn Roe v Wade and rule from the extreme right. Senate Minority Leader Chuck Schumer, D-N.Y., said Friday that Kavanaugh’s views are “deeply at odds with the progress America has made in the last century of jurisprudence and at odds with what most Americans believe.”

They also said they were troubled by his fiery attack on Democrats.

“This behavior revealed a hostility and belligerence unbecoming of someone seeking to be elevated to the Supreme Court,” Sen. Dianne Feinstein, D-Calif, said Friday.

Protesters and activists had been a ubiquitous presence on Capitol Hill in recent days. On Saturday approximately 1,000 protesters marched to the Capitol steps, chanting “November is coming.”

But Republicans said that the fight had motivated the conservative base ahead of the November midterms. McConnell meanwhile, told The Washington Post that the Democratic and left-wing opposition was a "great political gift for us."

“I want to thank the mob, because they’ve done the one thing we were having trouble doing, which was energizing our base,” he said.

Kavanaugh replaces Justice Anthony Kennedy, who retired at the end of July and was known as the swing justice, although he often sided with the conservative side of the bench.

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Begin Trace Mode for Comment # 13.

#1. To: All (#0)

Sen. Lisa Murkowski, R-Alaska,

She should be removed for all power positions. Not one dime of national gop money should be given to her upon her reelection bid. We do not need wishy washy backstabbing pubs!

If the Pubs do not make people pay for this after the elections there will be no stopping the demonshits from breaking every law on the books!

Justified  posted on  2018-10-06   18:03:34 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Justified (#1)

She should be removed for all power positions. Not one dime of national gop money should be given to her upon her reelection bid. We do not need wishy washy backstabbing pubs!

I really don't get this type of animosity toward her for taking the position she has. Not that I fault anyone for disagreeing with her.

It's like this. There were dozens or more of democrats that tried to fry Kavanaugh in ways that don't need expounding on, whereas Murkowski did no such thing. She merely gave a thoughtful explanation as to her way of thinking and acted according to her conscience. I listened to her give most of her speech on her decision. I can respect her opinion without agreeing with it.

So while dozens in the senate deserve a lashing for how they treated Kavanaugh (i.e Democrats) and who essentially refused to respect the system of government, some are expending effort to ensure that Murkowski is kicked out of the senate merely for not towing the R line in spite of the fact that she never accused the guy of being a drunken sex predator.

I would much rather have an honest independent thinker in the senate that I disagree with from time to time than an air-head that does everything Republicans tell her too. Any efforts to kick people out of the senate over the Kavanaugh hearings should be directed to those who irresponsibly attacked him solely because of Trump.

Pinguinite  posted on  2018-10-06   23:28:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 13.

#14. To: Pinguinite (#13)

There were dozens or more of democrats that tried to fry Kavanaugh in ways that don't need expounding on, whereas Murkowski did no such thing.

You act as though the vote was 90-10 in favor and she was one of the no votes who simply "voted her conscience".

She almost succeeded where dozens of Democrats failed. This could have easily gone the other way, and she would have caused it. And this wasn't the first time. She voted to block the repeal of Obamacare. You forgive her for that, too?

misterwhite  posted on  2018-10-07 10:22:03 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Pinguinite (#13)

would much rather have an honest independent thinker in the senate

You feel the same way about Senate Democrats? Not one single fucking Democrat thought that Kavanaugh was qualified?

(Manchin voted for his own re-election, not because he liked Kavanaugh.)

misterwhite  posted on  2018-10-07 10:26:22 ET  Reply   Untrace   Trace   Private Reply  


#19. To: Pinguinite, Justified (#13)

[Justified #1] She should be removed for all power positions. Not one dime of national gop money should be given to her upon her reelection bid. We do not need wishy washy backstabbing pubs!

[Pinguinite #13] I really don't get this type of animosity toward her for taking the position she has. Not that I fault anyone for disagreeing with her.

It's like this. There were dozens or more of democrats that tried to fry Kavanaugh in ways that don't need expounding on, whereas Murkowski did no such thing. She merely gave a thoughtful explanation as to her way of thinking and acted according to her conscience. I listened to her give most of her speech on her decision. I can respect her opinion without agreeing with it.

- - - - - - - - - -

While I concur that Sen. Murkowski should not be removed from any position because of how she votes, her membership in, or support from a political party is something for the party to address. The party is not bound to finance her campaigns when her votes undermine the objectives of the party.

I respectfully find Murkowski's explanation less than compelling.

[Sen. Murkowski]

a good man with sterling academic credentials, unblemished professional record

It appears Kavanaugh is qualified. Is he fit?

[Sen. Murkowski]

... the reason I could not support Judge Brett Kavanaugh in this cloture motion this afternoon, is that it my role, my responsibility as one senator on this floor, I take this obligation that we have in the role of advice [sic - advise] and consent as seriously as anything that I am obligated, or privileged to vote on. And so I have a very high standard. I have a very high bar for any nominee to the Supreme Court of the United States. The Code of Judicial Conduct Rule 1.2, this is one that many many people in this body know. But it states that "A judge act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."

And I go back and I look to that. It is pretty high. It is reallly high, that a judge shall act at all times, not just some times when you're wearing your robe, but a judge should act at all times, in a manner that promotes public confidence. Public confidence. Where's the public confidence?

Public confidence resides with the public, not the Senate. The public confidence in Judge Kavanaugh, "a good man with sterling academic credentials, unblemished professional record," was higher after his testimony than before. The public confidence in Dr. Ford and the opponents of Judge Kavanaugh was clearly demolished. Public confidence in the Senate Judiciary Committee was greatly diminished. Judge Kavanaugh properly hurled the Democrat senators' impropriety and corruption in their faces. They stooped to spew forth allegations for whioch there remains no corroboration, and even those which the New York Times could not find fit to print. The impropriety of the Democrat senators was so manifest that they, the Democrat party, and the Democrat candidates up for reection all took a substantial hit in the polls. Republican candidates surged in the polls, and President Trump surged past 50% approval in the Rasmussen Daily Tracking poll.

[Sen. Murkowski]

So, it is high. And even, even in the face of the worst thing that could happen, a sexual assault allegation, even in the face of an overly, and overtly, overtly political process, a politicized process, and even when one side of this chamber is absolutely dead set on defeating his nomination, from the very git go, before he was even named, even, even in these situations, the standard is that a judge must act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.

Again, public confidence resides with the public. Public confidence in Judge Kavanaugh was higher after his testimony than before. The public confidence in Dr. Ford and the opponents of Judge Kavanaugh was clearly demolished. Public confidence in the Senate Judiciary Committee was greatly diminished. The impropriety of the Democrat senators was so manifest that they, the Democrat party, and the Democrat candidates up for reection all took a substantial hit in the polls. Republican candidates surged in the polls, and President Trump surged past 50% approval in the Rasmussen Daily Tracking poll.

[Sen. Murkowski]

And, and after the hearing that we all watched, last week, last Thursday, it became clear to me, or was becoming clearer, that that appearance of impropriety has become unavoidable.

The New Oxford American Dictionary, Second Edition, Oxford University Press, 2005.

Impropriety. a failure to observe standards or show due honesty or modesty; improper language, behavior, or character: she was scandalized at the impropriety of the question | there are no demonstrable legal improprities.

https://dictionary.cambridge.org/us/dictionary/english/impropriety#dataset-cacd

Cambridge Dictionary

Impropriety

[US] dishonest behavior, or a dishonest act

[UK] behaviour that is dishonest, socially unacceptable, or unsuitable for a particular situation

Public confidence does not conflate to one senator's personal opinion about the appearance of impropriety.

[...]

But, in my conscience, because that's how I have to vote, at the end of the day, is with my conscience, I could not conclude that he is the right person for the court, at this time.

What has the time got to do with approval or disapproval of a nomination?

While a sexual assault was dredged up again, an FBI investigation on the allegation indicated that it found "no corroboration of the allegations" of sexual misconduct against him. The full report is reportedly over 1,000 pages long. Dr. Ford's testimony, however emotional, offered two possibilities: (1) Dr. Ford is mentally defective, or (2) Dr. Ford is a terribly bad liar whose testimony, compared to prior statements, is riddled with inconsistencies and contradictions.

Sen. Murkowski's speechification has little to nothing to do with Judge Kavanaugh's qualifications for the office ("a good man with sterling academic credentials, unblemished professional record") and does not identify any disqualifying conduct. Sen. Murkowski talks about the appearance of impropriety, but did not identify or address any specific impropriety.

Sen. Murkowski alluded to her real political problem with a yes vote - the opposition of the Alaskan Indian population.

I agree with the opinion of Sen. Collins that the uncorroborated allegations made against Judge Kavanaugh did not rise to the level of more likely than not, or preponderance of the evidence. Judge Kavanaugh is presumed innocent until proven guilty.

nolu chan  posted on  2018-10-07 14:33:35 ET  Reply   Untrace   Trace   Private Reply  


#23. To: Pinguinite (#13)

Post 21 should explain it.

Justified  posted on  2018-10-07 17:08:58 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 13.

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