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OpinionMad About Kavanaugh and Gorsuch? The Best Way to Get Even Is to Pack the Court

20:06  17 september  2019
20:06  17 september  2019 Source:   nytimes.com

Kavanaugh accused of more unwanted sexual contact by former classmate: report

Kavanaugh accused of more unwanted sexual contact by former classmate: report Supreme Court Justice Brett Kavanaugh was hit with another accusation of unwanted sexual contact by a male classmate who said he witnessed Kavanaugh expose himself and press his genitals against a woman without her consent.The New York Times reported Saturday that the latest allegation, which has until not been public, was reported to the FBI during Kavanaugh's Supreme Court confirmation process last year but was not investigated by the FBI. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

WASHINGTON — President Trump’s two Supreme Court appointees went to the same Jesuit high school in the Washington suburbs — at the same time. After attending Ivy League colleges and law schools, they worked as law clerks on the Supreme Court — for the same justice, in the same term.

The lifetime appointments of Neil Gorsuch and Brett Kavanaugh cry out for Democratic hardball in response. In other words, if everything goes right for their party in this best case scenario, Democrats will still That something is to pack the courts . Yes, there’s the risk of escalation, the chance that

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Mad About Kavanaugh and Gorsuch? The Best Way to Get Even Is to Pack the Court© Christopher Lee for The New York Times

President Trump bragged on Twitter recently about his success filling up the federal judiciary. “I want to congratulate” Senate majority leader “Mitch McConnell and all Republicans,” Trump wrote: “Today I signed the 160th Federal Judge to the Bench. Within a short period of time we will be at over 200 Federal Judges, including many in the Appellate Courts & two great new U.S. Supreme Court Justices!”

This is just a slight exaggeration. After 32 months in office, Trump has made 209 nominations to the federal judiciary, with 152 judges confirmed by the Senate, including two Supreme Court justices. That’s nearly half the total confirmed during President Barack Obama’s eight years in office.

Castro calls for latest claim against Kavanaugh to be investigated

Castro calls for latest claim against Kavanaugh to be investigated Former Housing Secretary Julián Castro said Saturday that a newly-reported allegation of unwanted sexual contact against Supreme Court Justice Brett Kavanaugh should be investigated. © Getty Images Castro calls for latest claim against Kavanaugh to be investigated In a tweet, Castro said that nonprofit owner Max Stier's allegation that Kavanaugh exposed himself at a party before other students pressed him against a female student, forcing his genitals to come in contact with her hand, should be investigated. "Brett Kavanaugh's confirmation is a shame to the Supreme Court.

Get mad about Kavanaugh , and then get even . What “comes around” must be a Democratic wave. Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

Judge Kavanaugh even gave the high school a shout-out in his speech on Monday night. “The motto of my Jesuit high school was, ‘Men for others,’” he said. But, he said, if other boys started to misbehave, “he would say something to get them back in line.” Judge Kavanaugh also wrote for the student

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His picks fit a mold. They’re overwhelmingly white (87 percent, compared with 64 percent of Obama’s), overwhelmingly male (78 percent, compared with 58 percent of Obama’s), staunchly conservative and fairly young — the average age of judges confirmed under Trump is 50. His youngest confirmed nominee, Allison Rushing of the Fourth Circuit Court of Appeals, is 36.

Trump’s Supreme Court appointments are mired in controversy. Justice Neil Gorsuch occupies a stolen seat, held open during Obama’s tenure by a blockade conducted for nearly a year by McConnell, who cited a previously nonexistent “tradition” of tabling nominations made in an election year. (In the 20th century alone, the Senate confirmed Supreme Court nominees in five different presidential election years — 1912, 1916, 1932, 1940 and 1988). And of course Justice Brett Kavanaugh was confirmed last September under clouds of suspicion that stemmed from accusations of sexual assault and sexual misconduct to a bevy of ethics complaints.

Trump suggests 'innocent' Kavanaugh should sue, blasts media for 'lies'

Trump suggests 'innocent' Kavanaugh should sue, blasts media for 'lies' President Trump said Supreme Court Justice Brett Kavanaugh should sue or get backing from the Department of Justice, after a New York Times piece claimed that new accounts support one claim of alleged sexual misconduct from when Kavanaugh was in college. © Provided by MediaDC: Washington Newspaper Publishing Company, Inc.Times reporters Robin Pogrebin and Kate Kelly stated in a piece published Saturday that well before Kavanaugh became a federal judge "at least seven people" had heard about how Kavanaugh allegedly exposed himself to Deborah Ramirez at a party.

And even though opinions on the path forward diverge, and lawmakers have yet to jump on the The contentious confirmation of Justice Brett Kavanaugh has lit a fire under progressives upset That is the real lesson of President Franklin Roosevelt’s failed attempt to pack the court in 1937, Frost argues.

Brett Kavanaugh has been confirmed, and he will serve as a justice on the supreme court for the If the Democrats pack the courts , Republicans will retaliate by packing the courts even more when Every well -socialized adult must decide for him- or herself the decision that represents, for them, the

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Democrats are left in an unenviable position. Should they win a federal “trifecta” — the White House, the Senate and the House of Representatives — they’ll still have to deal with a Trump-branded judiciary. It’s entirely possible that a future Democratic agenda would be circumscribed and unraveled by a Supreme Court whose slim conservative majority owes itself to minority government and constitutional hardball.

So what should Democrats do? They should play hardball back. Congress, according to the Judiciary Act of 1789, decides the number of judges. It’s been 150 years since it changed the size of the Supreme Court. I think it’s time to revisit the issue. Should Democrats win that trifecta, they should expand and yes, pack, the Supreme Court. Add two additional seats to account for the extraordinary circumstances surrounding the Gorsuch and Kavanaugh nominations. Likewise, expand and pack the entire federal judiciary to neutralize Trump and McConnell’s attempt to cement Republican ideological preferences into the constitutional order.

Ocasio-Cortez calls for Kavanaugh to be impeached

Ocasio-Cortez calls for Kavanaugh to be impeached Rep. Alexandria Ocasio-Cortez (D-N.Y.) on Monday called for Supreme Court Justice Brett Kavanaugh's impeachment following a new allegation of sexual assault against him published in The New York Times. © Aaron Schwartz Ocasio-Cortez calls for Kavanaugh to be impeached "This was almost a year ago. It is unsurprising that Kavanaugh, credibly accused of sexual assault, would lie under oath to secure a Supreme Court seat," she tweeted along with a video of her at a rally. "Because sexual assault isn't a crime of passion - it's about the abuse of power. He must be impeached." This was almost a year ago.

Court - packing and term limit proposals—which would result in the then-current president appointing more of the justices who serve on the bench while she or he is in office—would mean that the court is even more loyal to the White House than it already is. This outcome is especially disconcerting if we

Brett Kavanaugh 's confirmation to the Supreme Court leaves us with more questions than answers. The answer to the first question seems to be that the Kavanaugh fight will boost Republicans in the For those who view the Court 's proper role as a vehicle for preserving the constitutional order—for HRC, being power- mad , decided to stay hitched to the engine she figured would get her closest to the

The reasoning underpinning this proposal isn’t just about the future; it’s about the past. We have had two rounds of minority government in under two decades — two occasions where executive power went to the popular-vote loser. Rather than moderate their aims and ambitions, both presidents have empowered ideologues and aggressively spread their influence. We are due for a course correction.

The goal isn’t to make the courts a vehicle for progressive policy, but to make sure elected majorities can govern — to keep the United States a democratic republic and not a judge-ocracy. Yes, there are genuine constitutional disputes, questions about individual rights and the scope of federal power. At the same time, there are broad readings of the Constitution — ones that give our elected officials the necessary power to act and to solve problems — and narrow readings, which handcuff and restrict the range of our government.

In the past, courts have walled entire areas of American life off from federal action. They’ve put limits on American democracy and blocked the people, through their representatives, from tackling fundamental issues of public concern. During Reconstruction, courts handcuffed the government as it tried to address violence and state-sanctioned racism; during the Progressive Era, they kept Congress from putting the economy under some measure of democratic control.

Trump praises Kavanaugh as a 'great, brilliant man,' blasts NYT over 'smear' report at rally

Trump praises Kavanaugh as a 'great, brilliant man,' blasts NYT over 'smear' report at rally President Trump praised Supreme Court Justice Brett Kavanaugh as a "great, brilliant man" at his campaign rally in New Mexico on Monday night and called a report published over the weekend detailing a sexual assault allegation against the justice a "smear story." © Aaron Schwartz Trump praises Kavanaugh as a 'great, brilliant man,' blasts NYT over 'smear' report at rally During the rally in Rio Rancho, Trump took aim at the Democratic lawmakers who have called for Kavanaugh's impeachment in recent days over the report published by the Times on Saturday that detailed the new allegation.

The Kavanaugh Stakes Just Got Higher. To confirm him now would be dangerous to the survival of Precisely because partisans need to be able to trust that courts can enforce the rules for fair There can therefore be little doubt that any attempt by Democrats to pack the Supreme Court , for example

Both Kavanaugh and Gorsuch have said they view Roe as settled, though that failed to quell suspicion among Democratic lawmakers and reproductive In December, Kavanaugh voted with the court 's liberals in a decision that effectively barred two states from defunding Planned Parenthood, a

We’re living through a version of this right now. Under Chief Justice John Roberts, the Court has denied Medicaid coverage to millions of poor people, neutered the Voting Rights Act, authorized new waves of voter suppression, unleashed the power of money for entrenched interests and would-be oligarchs, and opened the door to extreme partisan gerrymandering. And while this Court hasn’t brought the absurd Lochner-era doctrines that effectively made it impossible to legislate working conditions back from the dead, it has, in Justice Elena Kagan’s phrase, “weaponized” the First Amendment to strike down economic regulation and undermine organized labor.

Just to even win power, Democrats will have to overcome major structural obstacles, from the Electoral College in the race for the White House to a Senate that gives disproportionate representation to the most conservative areas of the country. To pass anything more than incremental legislation, they’ll have to overcome (or eliminate) the filibuster. And then they’ll still have to do the hard work of legislating.

In other words, if everything goes right for their party in this best case scenario, Democrats will still face a hostile Supreme Court majority, with like-minded judges throughout the federal judiciary. They can beat Trump at the ballot box, but unless something is done about the judiciary, they will lose to him in the courtroom.

Kavanaugh allegations agitate White House, Capitol. Supreme Court is quiet.

Kavanaugh allegations agitate White House, Capitol. Supreme Court is quiet. When nine people are bound together by life tenure and equally weighted votes, there are reasons to live and let live. The court’s decisions will not be respected unless the court is, the justices say. And when five votes determine which view of the law prevails, today’s adversary can be tomorrow’s ally. Just a month after the bitter partisan battle over Kavanaugh resulted in a 50-to-48 Senate confirmation vote last fall, Justice Elena Kagan spoke to a group of law students at the University of Toronto.

“We’re going to get those documents that are shielded from view, and they will provide further proof that The idea of court packing emerged even before Mr. Trump nominated Justice Kavanaugh . Still, opening that door could lead Republicans to simply expand the court again when the pendulum

Court - packing has come up occasionally throughout the years as a workaround for one side or the other to wage something of a hostile takeover of the court . The Kavanaugh hearings laid bare what this process has really come to be about, and it decidedly is not sober, nonpartisan review of the law.

That something is to pack the courts. Yes, there’s the risk of escalation, the chance that Republicans respond in turn when they have the opportunity. There’s also the risk to legitimacy, to the idea of the courts as a neutral arbiter. But Trump and McConnell have already done that damage. Democrats might mitigate it, if they play hardball in return.

At the start of his administration, President Franklin D. Roosevelt implemented restrictions on the ownership of gold, to prevent hoarding and speculation. Congress followed suit, canceling all clauses in public and private contracts that allowed payment in gold. As the Supreme Court considered the constitutionality of these actions, Roosevelt drafted a speech defending his actions as necessary for the “economic and political security of the nation.” He was prepared to challenge an adverse ruling.

To that effect, he quoted President Abraham Lincoln, who said, in his first inaugural address, that “if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court” then “the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.”

Roosevelt eventually came to court-packing as the solution to this problem. He was forced to abandon the plan, but it had the desired effect: The Court allowed him — and Congress — to govern. Facing similarly hostile ideologues, as well as an organized effort to entrench minority rule, today’s Democrats should learn from this example.

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