I hope Judge Kavanaugh's fellow Supreme Court colleagues advise him that attending such a function at the White House would not help the court's image and may tarnish it in the eye of the public. The optics would be disastrous, especially since such a photo op will most certainly be use in the mid-term elections by the Republicans. The last thing the Supreme court needs right now is to be seen, and used, as a partisan weapon.
6
I can understand the dismay, the anger and even outrage in many of the comments here. I share those, in fact. But at the same time I know that if we leave ourselves in this state, we are pleasing Trump and his pals, and the ill-intentioned fans also, who rejoice at our pain. That's the kick for them. That's who the show is for tonight. If it "makes liberals' heads explode", as a particularly dim-witted one of them put it, it's the drug of choice for those ensnared by the con man in chief. Beyond that, what they would hate most is also what we need most to do: to face this, and them, and the wickedness afoot, with clear, calm, and resolute eyes, with sober understanding and firm resistance. We must remember that this is not the first time such people have gained power. In every land, in some generations, the fascists, or the robber barons, or the cruel aristocrats, whatever they call themselves, may rise. Our forebears fought them, and so must we. It's been long enough that we are shocked, feel overwhelmed--but we must recover now. Our sense that we were immune from the madness that descends in history at times must yield to planning, organizing, and work. We have numbers, a majority, actually, and resources, and our own strength. So enough of angst which only gives pleasure to you enemies. Stand up, join up, and work. You are not alone.
20
Now that's zreally Funny! Elvis Costello had a song from his 1st album called Less Than Zero. Kavanaugh is & has been a Republican Party Hack but I still can't believe How Stupid the Dems were to announce that if they take the House they're going to launch Kavanaugh Investigations Why Not Beg Repubs to come out & vote.
As much as I think Kavanaugh Doesn't Belong on the Court if he were to be impeached that might be the match that starts a Mini Civil war. Dems would be better served as would the Country if they could find a way for All Media Outlets - TV, Newspapers etc. - to be Held Accountable to Tell the Truth & IF they don't 1st there would be a suspension & then lose their station etc. Fox-Faux News is So Dangerous to OUR Country & IF they werd compelled to Tell the Truth people like trump would Never be elected.
8
How embarrassing for Kavanaugh (and Gorsuch) to be nominated by this clown.
12
My God --New York Times--Say SOMETHING. Trump is now calling all of this a hoax, including the testimony of Blasey Ford. He is rewriting the entire thing. Do not let him.
I feel I am trapped in a nightmare.
25
Only rulings and written decisions matter.
2
Where are America’s patriots? Where are the strict constructionists? Where are the true Republicans who swore to uphold the Constitution?
“If ever the time should come, when vain and aspiring men shall possess the highest seats in government, our country will stand in need of its experienced patriots to prevent its ruin.”
— Samuel Adams, revolutionary (27 Sep 1722-1803)
12
No one should watch. The press should boycott. Media outlets should show something else...anything else.........
maybe football players taking a knee.
8
Good grief. Why would anyone expect Kavanaugh to be impartial or take even an iota of interest in defusing partisanship? He has his seat. Democrats and Trump haters made him pay a steep price for that seat. What goes around comes around, right? It's payback time people.
I actually want him there. Let's get rid of this ridiculous notion of the Supreme Court's impartiality. Let's go full-on Kavanaugh here. Tear down the walls, Justice. Burn the drapes, gut the place. Expose the rot, and let's see what's left when you're done.
6
Dear Fellow Democrats,
It is clear that many, perhaps most, of you have contracted Trump Derangement Syndrome.
If swearing in a new Justice at the White House was good enough for the Justices nominated by Reagan and Bill Clinton (please return calls from #MeToo), surely it is good enough for Trump.
Continuing the embarrassing and inept fight against Kavanaugh after he has become a Justice makes Democrats look stupid and can only energize the Republican/Trumpian base.
As a life-long Democrat I am disgusted with the so-called Democratic leaders and their phony attempt to derail Kavanaugh's confirmation, a blatant exercise in political theater rather than a genuine search for truth and justice.
By the way, women have the Democrats (especially Senator Feinstein) to blame for how badly the confirmation hearings were handled; the Democrats' ineptitude and attempted railroading of Kavanaugh were paraded for all to see on national TV.
Kavanaugh has been confirmed and is now on the Supreme Court, so fighting him is a waste of time and energy. Let's stop the nonsense and focus our efforts on getting out the vote next month and in 2020, the best way to exercise--and achieve--Democratic power.
5
I agree. Very partisan and untrustworthy.
10
A first step in demonstrating he is non-partisan?
That horse is already out of the barn.
Only solution is to give Trump more rope and he will finally hang himself. He lost by 3 MM votes and surely enough understand what a buffoon he is by now.
6
Kavanaugh had to swear on a bible twice just as Trump put his hand on two bibles at his ceremony.
2
A right wing GOP political hack, Kavanaugh will attend Trump’s victory lap rally. He’s not a justice. He’s one of 5 GOP operatives on the Supreme Court.
At least one can admire the brazen openness of Kavanaugh’s cynically partisan attitude. It’s all out there to see, as bright as day.
So show up to Trump’s latest vulgar display, Brett. Have a beer. Or two. Or three. Or . . .
17
Trump got another campaign rally. Mitch got his standing O. But as I've noted several times recently, there's no honor among thieves.
9
He, Trump and Lindsey Graham can do the Devil's Triangle, for all I care, at this point, before, during or after the ceremony. The damage is done for now. Kavanaugh's lies will come back to haunt him. I predict that he will eventually have to retire from the bench early, but it will take time. In the meantime, we need to, ...er...., take back our country from these horrible people.
6
@XXX I doubt it. Thomas's perjury and lying and abuse of at least one woman hasn't harmed him in the least. Just as Trump's lifelong criminality, cheating, abuse of people, lying, megalomaniac, etc., hasn't hurt him one bit. When half the country has no conscience, just as with terrorism and for the same reason, it is very, very difficult to fight. That is the problem: we have a major political party, a president, two SC justices now, and a huge portion of the electorate which appear to have no conscience and/or ability to think beyond their own wants.
6
Justice Stevns wisdom continues to shine through, sound judgment intact.
The Kavanaugh locomotive is heading for the badly damaged bridge of what's left of our democracy; fundamentalist christianism on the march, women please shut up and sit down, small-population states holding veto power over metropolitan regions and large-population states, minority voters under assault, and weapons and more weapons in the hands of who cares. All this as it was in 1789 at the beginning of our constitutional government. No accident that these so called originalists hold firm in century 21 to the 18th century words for 18th century citizens.
The nightmare gets scary when a Democratic-majority in Congress subpoenas Trump's tax records, testimony, or related evidence. Trump says no thank you, case goes quickly to the court to which Mr. K was just appointed and he's A-OK with his new bff. 5-4 Trump. It gets worse. Mr. Mueller unloads radioactive, smoking everything; money laundering, Russian inside work, complicity everywhere. Perhaps we should be thankful that Justice Roberts, not Kavanaugh will preside. Not that it will make any difference with a split Senate. Left, right, center? it's now irrelevant.
At this point, we will look back to this little WH party and wonder who with a functioning brain stem thought we'd be ok.
3
what a sickening spectacle to see trump and kavanaugh laughing in the white house on live tv. i couldn't stomach it for more than 30 seconds.
18
There definitely will be free beer.
And the new Justice Kavanaugh can't say know to this once in a lifetime opportunity with the president that anointed him Justice. The best he could do is watch his stomach to avoid vomiting in the WH lawn. That will be really sad. I wish him luck.
2
That was a great ceremony. Loved Trumps remarks! Kavanaugh showed his integrity and character in his comments. I think he is a great addition to the court. RBG seemed frail though.
1
But he isn't the independent jurist he claims to be, so he will attend because he's a liar, and he did attend because he's a liar and so what else is new?
9
Kavanaugh should have been satisfied with a private swearing in.It would have shown character.We now know that he not only had a public swearing in but it was part Trump rally and the most partisan of events with Trump congratulating McConnell and by name each member of the Republican Judiciary Committee.It was beyond inappropriate and anointed Kavanaugh as Trump’s guy on the Court.He is a Republican political operative- Trump made sure of that.Trump has tainted the Supreme Court just as he has the Justice Department, The FBI and the Cabinet and the State Department.Americans must vote to take their government back !
16
why would Kavanaugh demonstrate the independence and neutrality that he himself has stressed is essential to the work of the Supreme Court by politely declining to go to the White House for the ceremony? If he did he would by lying (again) - because he has already demonstrated his devotion to this "president" many times over, as he has acted and spoken in the best interests of the Republican agenda, and publicly fawned over the current occupant of the Oval Office. don't get me wrong, I agree with everything in this article. I think he should decline - but I don't think the thought has crossed his mind, because he IS partisan. it's pretty clear that's why they chose him in the first place.
10
So we have officially reached the Bizarro world of judicial nominations.
Let's recap - judges of the left, right and the central persuasion have all be feted buy sitting presidents of both parties.
Part deux - simply politely attending any official Washington ceremony does not serve to indenture any official in their official duties - as illustrated by RBG's road trip to wax wise and solemn across America.
Just in passing - during the past two weeks I have been consistently disappointed by a wide swath of Law Professors of every stripe to make a coherent and logical argument based on the facts of the Kavanaugh nomination. I am seriously reconsidering a decision to attend Law School now.
1
Sadly, Kavanaugh has too much of an ego and is too partisan to take the advice in this column. Some polling apparently shows that the hearings are hurting Democratic senatorial candidates. If Trump keeps talking, though, those Dems may get sworn in. If that happens, Trump will probably be playing golf.
1
I throughly agree. Unless, of course, he shows up to decline his sitting, which is what he should have done immediately after the senate vote.
2
Opinions vary. I like the guy and trust he’ll continue to be an honest appraiser of each case.
Period...period.
5
Of course Kavanaugh will obsequiously go to the White House for his victory lap and to thank his sponsors. His protestations about being independent carry no more weight than his assertions that he is a strong defender of women (as long as they are attractive and know their place in life). Or as hypocritical as his claim that presidents should be exempt from any kind of legal challenges while in the White House (unless the president is a Democrat, in which case all variety of sordid and debasing legal challenges are both appropriate and necessary).
Kavanaugh is just as ethical as his sponsors, which is to say no principle is strong enough to stand in the way of achieving partisan victory.
So of course he will go kiss the ring, and celebrate at home later with a few beers.
7
Anyone willing to lay odds that Kavanaugh will do the right thing, if only for the optics, and not attend? His declared “independence” and “respect for settled law” was always a facade for a belligerent, retributive partisan.
The sight of a beaming Justice and a gloating President will be too much to bear.
12
He's been a GOP operative who owes his seat to Trump. When he raises his hand it will be in fealty to his sponsor and all the lap dogs that worked to achieve his elevation to the court.
Even a falsely accused criminal must obey norms in the courtroom and Kavanaugh's screed and diatribe was inexcusable.
I will never forget his reaction to Senator Klobuchar's question. Disqualifying to say the least.
8
I see now that ALL Supreme Court justices are attending the ceremony. Why? Why is the “liberal bloc” putting its imprimatur of normalcy and acceptability on this show?
1
If Kavanaugh posessed the integrity the article hopes for he would not have allowed himself to b sworn in in the first place. Being a lawyer and judge he knows, better than any of us, that his partisan rants were disqualifying and would reflect on the integrity of the court and any decision he made as a justice.
5
In fact the "phony ceremony" (Michael Eric Herz) should have been hold at the office of the Federalist Society at 1776 I Street, Washington, DC. The Federalist Society practically made the pick and Justice Kavanaugh, like the four other conservative judge will follow the marching order of the Federalist Society.
6
Kavanaugh has his lifetime appointment, he can stop lying and start repealing the 20th and 21st centuries.
7
In other words, Barack Obama was the one President since Ronald Reagan who did not use the swearing in as a White House photo op.
4
What an absurd suggestion. He will demonstrate his independence in the opinions he writes. He doesn’t have to prove anything to anyone. We should be wishing him the best as he embarks on his new duties.
5
Phony, phony, phony.
It's far too late for Kavanaugh to "demonstrate" his "independence."
After he ramped up the aggression in his appearance at the special hearing, we learned that the WH had informed him it was absolutely mandatory. Clearly, he would've done anything Trump told him to, now and forever. This man is/was a hard core partisan, veiled in a tissue of lies.
Even Gorsuch had the decency to criticize Trump's attacks on the judiciary- which criticism even led Trump to threaten to pull his nomination.
No such thoughts peeped out of Kavanaugh.
The GOP's unseemly celebrating on the weekend merely reflected the judge's own motivation, which was win at any cost.
A partisan taint will now stain the court for the foreseeable future.
That's all.
5
Thanks for this article and please keep reminding middle America & Independents why they should feel uncomfortable with Democrat hyper-partisanship, at least until Nov. 7th.
1
Please stop the gnashing of teeth. Instead, try winning some elections. And in 2020 Democrats should try not segregating themselves into single issue silos and get behind one candidate.
4
While I expect this comments section to be overflowing with synonyms for "toady" (e.g. grovel, ingratiate, pander, flatter, etc.), I think a more measured response might be to cut the man some slack.
I think that Brett, even though he oozes entitlement, may actually need some sort of professional help to deal with what appear to be memory problems, and an unfortunate addiction to power. Perhaps his fellow Justices could suggest an appropriate remedial course of action.
And there is also the danger that a second ceremony (next to the President at the White House) may dial up the "rage meter" to such an extent that it persuades Trump to take the show on the road, where there can be additional "swearing in" ceremonies at campaign rallies, for the benefit of the faithful.
3
So he took yet another oath - why would he treat it with more respect than he has shown when testifying before the Senate committee? Mr
Kavanough (I refuse to accept falsely begotten job titles) is an extreme partisan, entitled privileged brat that feels that he belongs to an elite club that is above the law. I am certain that he will leverage his new position to pervert the law to further enshrine the hold of his club over power in this country.
3
Why does the NYT even print such gibberish. It's common practice for Presidential appointees, once confirmed, to be sworn in immediately in more private ceremonies, and then be publicly be sworn in, if possible, by the President. The tradition is to thank them--something called common courtesy or civility, which is utterly lacking in DC and the media. What is "unseemly in American politics" is not a WH swearing-in ceremony, but the attempted Democratic, 11th hour bushwhacking of an eminently well-qualified nominee to the Supreme Court, based on uncorroborated allegations from 34 years ago, sat on for two months, and released publicly after the hearings, over the objections of the witness. Go watch President Reagan introducing Chief Justice Rehnquist and Associate Justice Scalia,https://www.youtube.com/watch?v=3t3DQiMX8a0, to see just how nice and distinguished such events can be, both for their families and friends, and for our country. Witness dignified, short ceremonies, which can serve to remind us of our Founding Father's ideals, and uphold our country's finest traditions and smooth transitions set forth in our Constitution, with respect for the rule of law, due process, and the independence of the Judicial branch.
4
I agree completely. If Kavanaugh associates himself with ANY administration, let alone this sociopathic one, he fatally compromises any claim to independence that he may want to, and MUST have.
Conspiring with Trump may be grounds for impeachment of this questionable newbe. One cannot claim legitimacy as an impartial jurist who upholds the rule of law and our Constitution if he/she has ANY association with this criminal sociopath or his Administration.
WE are watching closely. Even a SCOTUS Justice can be fired if necessary. THAT is not a legacy to leave to one's family.
Stay with us RBG. We need you.
3
Any notion having Kavanaugh not attend the White House ceremony is nothing more papering over his character. I would rather he put the whole charade of judicial impartiality on display as the person he really is, the one who called the nomination process a sham and the "what goes around comes around" means of jurisprudence he intends to employ as the biggest and selfish liar ever to occupy the White House in charge.
There will be no "we the people" in Kavanaugh's world. I shudder to think what the SCOTUS will become with one out of every three men accused of sexual misconduct beholden to a sexual predator-in-chief.
Senators tries to get people to believe Dr. Ford while simultaneously calling her testimony not credible. They say there was no corroboration of her testimony. (Insert fairy tale here.) Guess what, there is no corroboration of Kanabaugh's testimony, either. However, Mr. K's exemplary record "tells" the nation otherwise, we are supposed to believe. (Insert white male privilege here.) The is SEXISM. Why about Dr. Ford. Has she not lead an exemplary life? Has she not contributed mightily to ur society? Again, women are too easy (Senator Grassley) or confused (Senator Hatch), or outright liars (Mr. Trump - keeper of truth).
I'm sorry. This was nothing but a display of power of the part those desperate to keep it. After all, to the selfish, power is much more important than virtue.
Please register. Please vote. Our nation needs the help.
8
"It would be a first step in demonstrating that he is the independent jurist he claims to be."
Huh? First step? What?
Have you not learned to see through what Kavanaugh "claims to be"? He _is_ a hard-right partisan, with a personality disorder. Demonstrated in spades. Not going to change. Full stop. Forget your "first step". That's just baseless hope and denial, to put it mildly.
3
What an absurd and bitter suggestion, and a clear indication that if this level of partisan childishness pervades our law school faculties, then the legal profession is doomed. It may as well be renamed Ideology school instead of Law school.
2
@Objectivist: More likely nothing at all will be decided and the least well funded litigant will have to surrender to the better-funded litigant to settle the case.
It would be very interesting to know if the Democrats are still looking for the witnesses who can corroborate the sexual assaults . They will need them to impeach Justice Kavanaugh.
He will because he isn't.
2
"...politely decline?" Does the organ grinder pay the monkey?
3
Forget the ceremonies and get right to the question on every red-blooded white male Republican's mind:
Are Kavanaugh's four new female law clerks hot?
"I'm shocked, shocked to learn that there's gambling going on here."
"Here are your winnings, sir."
"Thank you very much." - scene from Casablanca or SCOTUS. Take your pick.
3
I favor a pubic, televised swearing in of every SC justice, just like we do presidents and vps and other constitutional officers. They should make those promises to the citizens, not to anybody else. I'm OK with the president and members of Congress being in the audience, not on the stage, and having nothing to say until the ceremony is over. Then they can talk to the press if they want to. I was not pleased that he had a private swearing in previous for the above reason.
1
Keg Party!!!!!
Bring best friend.....the other Judge.
Play favorite game.....D’sT
Sleep Over
Pay for view, limited series reality show.
3
More Marcuse street-fighting from the NYT Opinion Kingdom?
If Kagan, clearly a cultural Marxist vote on the bench, can hangout with Obama at the White House after swearing in, so too can Kavanaugh.
What is it with the constant Sovietized media Kavanaugh hate-stomping--more whining from the losers?
3
Not going to happen. This lapdog is privileged to do just as Trump commands.
4
Trump, McGahn, and the Republican leaders have so much dirt on Kavanaugh that he will tow the line and can be easily blackmailed into doing whatever they want.
It won't be that hard, however, as he showed he is, first and foremost, a privileged, pro-corporate, misogynistic political hack and partisan lackey.
1
To RM's comment, I add:
The Democrats pulled out every despicable weapon they had and still lost the battle. They and their media allies (take a bow New York Times), however, will let nothing, no matter how far-fetched or beneath contempt, stand in the way of their intention to win the war.
One day it's temperament. That Brett Kavanaugh dared stand up to the smear campaign that included the likes of Michael Avenatti and call that campaign out for what it was, means let's put his judicial temperament that has never been questioned in all Kavanaugh's years on the bench, in play and get former Justice John Paul Stevens to command the charge.
Then, it's recusal, with Laurence Tribe. The same Laurence Tribe who had no problem with Ruth Bader Ginsburg's promise to move to New Zealand if Donald Trump won the 2016 election.
The latest, the flavor of the day, from Professor Herz, has no more merit than the others. Kavanaugh has to skip the White House ceremony to demonstrate his independence. As if that will lead to the slightest restraint on the continuing all out anti-Kavanaugh campaign of the Democrats and the rest of the anti-Kavanaugh Resistance.
As with Perils of Pauline, except this time the serial is from law professors and a former justice, I can hardly wait to see what the Times digs up next.
6
Well, if Timmy, PJ, Judge, Tom, and Squi have been invited, then by all means, he should attend. They can all meet up for "ski's" at Tobin's house afterward. Maybe he'll drink too much. Maybe they'll all drink too much. He likes beer. They like beer.
7
I disagree. Trump owns Kavanaugh, we all know that. He huddled at the WH for 2 weeks, both before his hearing and while the "investigation" (cough) went on. He's their boy and we wouldn't believe otherwise. Kavanaugh crows about his female clerks; I get alarmed for them when he's had too much to drink. The K-man and Trump can share techniques and bro stories. Kavanaugh can tell Trump he's got his back. The legitimacy of the Supreme Court is gone -- you can't put lipstick on this pig.
11
Trump looks for praises, however inappropriate. That's what he lives for.
Kavanaugh owes his current position to the above liar-in-chief. What is the chance that he will show "independence" from Trump - note the operative show? You are asking a dog to bite the hand that feeds him.
3
He's an illegitimate justice; there's no reason he shouldn't attend a phony "swearing-in" with our fake president.
5
With all due respect, Mr. Herz, your remarks were too kind, too gentle and too permissive.
'Should' should never have been the operative verb in the headline of this opinion piece. It should have been 'must' due to the egregious and perjured behavior of the newest member sitting on the bench of the highest court of the land.
Let's face the facts here, folks. The lines separating the judicial branch of our government from the legislative branch and the legislative branch from the executive branch are now irrevocably beyond blurred. They've become seamlessly invisible and are guaranteed to continue the
increasingly rapid dismantling of every institution we've held dear by office holders whose allegiance is to themselves first, then their party and then to sworn enemies of our nation, our democracy and its future.
To quote Britain's Lord Acton, 'Absolute power corrupts
absolutely.' That's exactly where we are today, less than thirty days before our next election.
Vote.
1
Really you are going to begrudge Trump and craven Kavanaugh
their delight in rubbing their victory over most of the USA in our faces. They got away with it, and they need to crow. Let the white boys celebrate. It is Frat night at the White House.
What a pair of insecure, self hating, bullies. They want to make people pay for their own lack of self worth. They both get off on hurting others. Boy they must have some agenda. But they are both weak and cowardly.
They can only get away with it for so long. We have Mueller and I will bet Kavanaugh's past has a few more surprises. Trump for sure is going down, and I do not think Kavanaugh is through with drinking and it only gets worse the longer it goes on.
3
My wife comments that Donald Trump is not good enough to be a third tier Catskill comic.
2
It is clear that Kavanaugh is not independent of the current occupant of the WH. He just spent a week there getting coached to show how "he really felt"....Couldn't this brilliant jurist have figured it out himself or hired his own handler who was independent of the Liar in Chief's minions...?
1
Wishful thinking. Once a frat boy always a frat boy.
4
He's gotta go!!! The prez has spoken, the lap dog needs to come to heel.
2
Sounds like a great excuse for a kegger party. Do you like beer? I drink beer. I like beer. Beer is great! Do you like beer Senator?
5
@Marcus: I am afraid that the student days of Kavanagh are over. If they drink alcohol. it will be champagne.
A law professor against a Republican. That’s newsworthy?
2
Good grief, get over it and move on.
6
Kavanaugh demonstrated that he has no shame. He and Gorsuch are sitting on stolen seats. The US Justice System is in a bad place now.
3
Why should Kavanaugh pretend to "demonstrate his independence and neutrality" when neither quality exists? Kavanaugh is a Republican Party functionary, a partisan player who donned robes simply to accrue more power, and his Supreme Court nomination was an exercise in brute political force, as seen in the multiple victory laps being taken by the president and numerous senators.
Why feign objectivity and professionalism where none exists? The Republicans have crushed the balance between the branches of government and betrayed every principle they said they stood for -- fair play, traditional social values, fiscal responsibility, and even adherence to the Constitution as it was written. Having liberated themselves from all meaningful democratic political norms, why not just revel in their successful drive for unified power?
Enjoy yourself, Mr. Kavanaugh! This is apparently exactly what you wanted.
8
Republicans should be honest about what this is all about: another chance to spike the football.
Forcing Kavanaugh through was always about spiting liberals and women. When "Justice" Kavanaugh ranted and raved about the Clintons and "the left," he swore that "what goes around, comes around." Our President has turned his vile supporters on Dr. Ford, accusing her of making up her sexual assault for political gain. All of these comments, no doubt, will be repeated at the ceremony.
Both men are a disgrace.
12
Lick that boot good.
8
Mike, why don’t you tell us readers who you voted for. My guess would br Hillary
5
@Jesse James, yes, he does sound sane.
3
The new judge an independent juror, ha,ha,ha,ha,ha, screech, ha ha ha.
5
The chances of doing what you suggest are about a million to one. Why bother writing something like this anymore? America is owned by the white patriarchy. Story over.
7
@John Jay
Something wrong with that?
1
He'll go with the little wife who would never question anything. After the ceremony Judge Boozer Brett will come home and down a few beers, then a few more beers...
4
@mfiori Can’t you criticize Judge Kavanaugh without disparaging his wife? You have no idea what she would or wouldn’t question. Isn’t that just what we women have been dealing with forever, like Hillary Clinton having to answer for the misdeeds of her husband. Sheesh!
2
@mfiori
And in 20 years, or was it 15, said little wifey will phone Dr. Ford and try and force her to recant the veracity of her story just as Mrs. Clarence Thomas did to Anita Hill.
1
Herz, be honest and admit it. You are simply outraged that Kavanaugh was confirmed in the first place.
3
"independent jurist" ?
Hahahaaaaha! Wake up. He's a hit man for the GOP.
Always has been.
13
Why not just roll him out to campaign events? Show them the innocent man that those demented democrats besmirched in the flesh. All part of the Trump Show.
4
This has to be one of the most idiotic opinions ever published by the NYTs. Trump and America stood by Kavanaugh while the democrat wild dogs and the media proceeded to eat him alive on national TV over the course of two weeks. Tonight is a celebration. Lets all have a beer with Brett.
10
@Steve You really need professional help.
2
@Steve
Beer for a Supreme Court Justice?
Sniff sniff.
1
@Steve Then why do you even read the New York Times? A celebration for whom? The minority that voted for Trump?
Goodbye separation of powers.
Hello American Kremlin and Russian-Republican oligarchy.
November 6 2018
Vote....while you still can.
53
Justice Kavanaugh regrets he'll be unable to lunch today, Mr. President.
I'm guessing that note will not be hand delivered.
Although Stevens has a good point, the victory lap ceremony will be too satisfying to decline. No slouching, though.
3
What I find so hard to believe, is how Kavanaugh used the expression, "what goes around, comes around".
He has that completely backwards, because there are various minorities who've been through far more horrible incidents than he with his privileged life can imagine.
I hope he attends the ceremony and has too much to drink.
21
“There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?
Why? So that Trump can corner Kavanaugh somewhere in the White House, look him in the eye and get him to pledge his allegiance as a Supreme Court Justice, not to the judicial system or Nation but to Trump.
13
Am LOL - of course he will attend - his partisanship is not in question. He owes Trump and the gloating is the first payment.
12
Undoubtedly Kavanaugh will see the pomp and circumstance of this ceremony as some form of vindication. When in fact it is Pyrrhic victory.
Kavanaugh swallowed Trump’s Kool-Aid.
Vitriol, indignance, and sheer unabated anger will get you a top spot in the Trump administration.
8
''...There is nothing left to do...'' - Au contraire, there is much to do, and that is to organize, to vote and then to impeach.
The only recourse is now up to you - the voter.
Once Democrats have taken back the house and the Senate, then actual hearings and investigations (along with the Mueller inquiry) can begin. If there is evidence against the judge, or in particular, the President, then impeachment/conviction proceedings can begin.
A super majority is required in the Senate, and that will not be achievable until 2020, so get busy and vote.
4
"I won, you lost. I'm on the court, and I'll do what I want." Equal justice no more.
5
But don't you see, there is no need to demonstrate independence as a justice. That's the point of so much that Trump and the republicans do now. They have power, and that is the only thing they care to demonstrate at all. That's why it had to be Kavanaugh and not a reasonable choice for the position. That's why Trump vilified a brave, vulnerable private citizen to his mobs. That's why he puts toddlers in cages. That's what his fans love, want, what he emboldens in them. And they go out to scream in public at people speaking Spanish or wearing a veil. It's the power they love, its demonstration, which is most pleasing and notable to them in offenses and attacks on others. So there's zero interest in peace or rapprochement. Quite the contrary .
13
''...There is nothing left to do...'' - Au contraire, there is much to do, and that is to organize, to vote and then to impeach.
The only recourse is now up to you - the voter.
Once Democrats have taken back the house and the Senate, then actual hearings and investigations (along with the Mueller inquiry) can begin. If there is evidence against the judge, or in particular, the President, then impeachment/conviction proceedings can begin.
A super majority is required in the Senate, and that will not be achievable until 2020, so get busy and vote.
17
''...There is nothing left to do...'' - Au contraire, there is much to do, and that is to organize, to vote and then to impeach.
The only recourse is now up to you - the voter.
Once Democrats have taken back the house and the Senate, then actual hearings and investigations (along with the Mueller inquiry) can begin. If there is evidence against the judge, or in particular, the President, then impeachment/conviction proceedings can begin.
A super majority is required in the Senate, and that will not be achievable until 2020, so get busy and vote.
6
It's a little naive to expect Judge Kavanaugh to demonstrate his independence from Trump or his integrity at this point. That opportunity presented itself after Trump mocked Kavanaugh's accuser at one of his re-election rallies. I know his enablers and the WH would not have approved, but a descent person would have issued some sort of statement to separate himself from that vile behavior
12
I though the notion of being apolitical went out the window when RBG said in this paper in 2016, “I can’t imagine what the country would be with Donald Trump as our president,” she said, adding that the prospect of a Trump presidency made her think about moving to New Zealand.
If she is held to the proposed Kavanaugh standard she should be required to recuse herself in any matter regarding the President, his family and his choices.
You can't be anymore clearly biased than she was when she made that statement. She does say that she regrets that now, but that's too late, she's already shown her cards.
8
@RJ
She apologized, a gesture that these GOP louts know not of.
1
And let's not forget that Kavanaugh wasn't truthful when asked about some confidential memos stolen from Sen Leahy's office. He said NO, when Leahy asked him he said NO that he's never seen them. Yet in the complaint filed against Kavanaugh his own emails (offered at attachments) prove that he knew the Manuel Miranda, has stolen them.
Once again, Kavanaugh's credibility, his integrity have been impeached.
7
Right. And not showing up will be the usual charade of “principled” independence we see all the time in this administration. No one in this administration cares about appearances, not about the appearance -- if not ACTUAL -- conflict of interest, self-serving financial entanglements with constituent parties, or any other kind of impropriety. So Judge Kavanaugh not showing up would be a meaningless gesture and an obvious sham. We heard his sycophantic drivel about the president when his nomination was announced. We already know he is partisan.
2
Is it just me, or does it seem like having a president select SCOTUS justices stinks of breaching our sacred separation of powers and checks and balances? Just because we've always done it this way doesn't mean it's the right way.
Employees are selected by a hiring committee; doesn't SCOTUS work for the people of the US? Trump isn't their boss, nor is Congress- we are. So why not a citizen's review panel, or a process of vetting done by the other justices? They have to work with each other, after all, and should reflect the electorate.
When SCOTUS is so nakedly, unabashedly partisan, our government's cancers will metastasize. Let's take the Executive and Legislature out of the Judiciary once and for all.
4
You're right. The "ceremony" is an opportunity for the President to remind his supporters he has delivered (once again) on a campaign promise. The progressive left tried their best (and worse) to derail the process, but common sense and decency prevailed. It is a good day for America, and both the judge and the President should take a bow.
3
A sizable share of Americans view this day quite differently than you do. Just sayin’.
1
@Jay S. Apparently, the president calling a sexual assault survivor a liar--at a rally, for laughs--is "common sense and decency."
What odd principles conservatives have.
2
How can he not go? In Trumpworld, this is the swearing-in ceremony that actually counts--the privately given Trump "loyalty oath." Does anyone really think his fealty to Trump wasn't somehow part of the deal?
39
Did Ginsburg or Breyer NOT attend White House ceremonies under the president who nominated them (Bill Clinton)? Was their attendance any more or less a slavish demonstration of fealty to partisan executive power than Prof. Herz suggests that Kavanaugh’s would be? Or is the real motivation for suggesting his absence that he, like Clarence Thomas, should begin his penance of sackcloth and ashes for life upon assumption of his SCOTUS seat, for charges that could not be corroborated – in Kavanaugh’s case alleged to have happened when he was an adolescent decades ago?
Everyone has a right to an opinion, even liberal law professors, but this is getting tiresome. Once seated, a U.S. Supreme Court associate justice offers no purchase for executive meddling – s(he)’s not going to be promoted again (unless, of course, someone credibly accuses John Roberts of cahooting with Russians), and his or her tenure is for life. If Kavanaugh supports a Trump position in future, it will be because he believes that it is the appropriate constitutional position to take, not because Trump introduced him to Melania and fed him some burgers at a shindig.
Nothing less than a complete ideological volte-face will be effective for Justice Kavanaugh to convince #NeverBretts that he’s not a paid-up stooge of the far-right. So why even try? He should just get on with doing his job.
Gawd, but you guys are SUCH terrible and vindictive losers.
Say hi at the bash, Brett, to our hottest first lady ever!
13
Best comment!
1
@Richard Luettgen Your guy arrived at the S.C. bench with the lowest approval ratings for a confirmee in modern American history, actually being “under water”. One would think that a judicious judge would begin separating himself, literally, from his similarly minority-approved presidential benefactor. Time will tell whether the provocative Kavanaugh will, decisionally, make good on his thuggish confirmation threat that “what goes around comes around”, part of his grade school tantrum before the Senate.
4
@John Grillo
"My" guy was confirmed. Get over it: you lost. Pick yourself up and resume your normal efforts to urge every noisome class interest in America so certain of their injuries to agitate for a bigger piece of the pie.
I was generally agreeing with the position of this article until I read the final paragraph and then I had to laugh out loud. How juvenille.
The wording and tone revealed that this was written in spite and anger and not impartial advice to be independent of the White House. Instead it left me thinking Justice Kavanaugh would be playing politics if he didn't go, as he would be fueling up the opposition. Whatever he does, he will be in the wrong, so let the man do whatever he feels is appropriate.
21
@me: Kavanaugh will be lost in all of Trump's glorification of himself.
Well, I don't know what Kavanaugh thinks the purpose of the WH ceremony might be. It's possible he's there as a courtesy.
But the reason Trump wants him there is as a political prop and to establish some "loyalty." Trump, you see, needs "loyal" people... the kind who "say very nice things" about him. He doesn't need a Justice (or an Attorney General) that might recuse himself from a matter Trump needs resolved. I'm sure if Trump thought Kavanaugh might not be his Roy Cohen in SCOTUS, he wouldn't have picked him.
Does everyone in Trump's administration take oaths to uphold the U.S. Constitution? Sure, sure, but that's never been enough for Trump. He needs to know that he can pick up the phone and call "his" FBI Director or Attorney General and make a problem disappear. And to be clear... Trump considers Kavanaugh to be "HIS" Justice. Not yours, not mine, not the GOP's, not the country's... "H-I-S."
The author is correct that Kavanaugh should, for his own sake, stay as far away from Trump as humanly possible. In terms of the appearance of bias, half the country is still hearing the "what goes around comes around" echoes and that sounded bad no matter how conservatives try to spin it. If he is alone for any amount of time with Trump (and Trump will attempt to create that scenario for sure), the Trump T-shirt he's already perceived as wearing will turn into a tattoo on his forehead.
46
Yeah nice try, I'm sure he'll stay home with a six-pack.
19
@AFJones
With the amount of six packs he drinks, guaranteed he hasn't got one of his own. ;-)
2
He showed that he is a partisan hack out for blood, so this is the perfect ceremony for his induction into what he thinks will satisfy his penchant for putting the Clintons in their place and avenging something or other that happened in the early 2000s.
14
I guess Kavanaugh is going to kiss the godfather's ring.
28
@Mallory
He already has. that's why he has the job.
2
That wasn't the ring he kissed
You're joking, right? BK is a partisan hack. Maybe an impartial jurist can become a partisan hack but a hack doesn't become partisan. There is nothing BK can do other than not ruling/voting in lockstep with the right wing cabal.
17
In the rock/paper/scissors of human politic that is symbolism/style/substance, could care less whether Kavanaugh attends a WH swearing-in or a WH correspondent’s dinner...
What I have duly noted is his affirmative hiring of female clerks...
Since he’s so football as metaphor for life, am staring to see whether these women are...
> Cheerleaders for a top football team from The South, practiced at splits
> Placekickers for a top football team from anywhere, practiced at splitting the uprights from 51 yards out
...even when Collins doesn’t help by moving a goalpost
PS
Don’t confuse my staring with ogling – understand the uniform is just to distract the crowd...
Am just waiting for that travesty of a law from Ohio to work its way east...
You know – the one signed by the NYT’s favorite “reasonable Republican”...
2
Will he be given a Breathalyzer Test ??? Can we make wagers, and win prizes ? “ The Apprentice- Supreme Court Edition “.
SAD.
16
He is going because he is a total hack (not to mention liar and lout with a drinking problem). He has never pretended to be independent (independent of what?). Destroying the modern day myth of the Supreme Court being some sort of independent diety looking over the morality of the nation is how Barf Kav will go into the history books. So of course he will go to kiss the ring of what he considers our nation's pope, DJ Trump.
29
Kavanaugh has already shown that he is a Trump lackey and will act accordingly. You can bet he won't be reading any NYT articles.
27
I can't wait until the court decides to hear Smith et. al. vs. Budweiser. Dilly dilly!
8
How about to demonstrate its independence and that it is actually an organization that can report the news impartially the NY Times has an article which takes the opposite position too? Crazy idea? Just saying.
Justice Kavanaugh can go about his life just like any other Justice, just like Ruth Ginsburg can go on tv shows and criticize Trump and and praise metoo without anyone telling her she can't hear cases (not sure why, but . . . ), and go about his life as best he can, without being concerned about the the hysteria that has been aimed DT since he was, shockingly to me too, president-elect. Although, he probably has to have security for himself and his family b/c many people on the left literally seem to have lost their minds over an uncorroborated accusation not of rape, but groping, from 35+ years ago, even renewing their attacks on Justice Thomas, calling him a predator for . . . wait for it . . . allegedly talking about porn and asking a woman out on a . . . date. Sigh.
Not a conservative. Not a Trump supporter. But, compared to the "resistance," he's a dream.
16
@DHEisenberg
Justice Ginsburg came to the court with a sterling record of accomplishment.
This guy - not so much.
4
RBG is a phenomenal justice. Kav? Seriously? Mr “I like beer. Lots of beers! God! I love beer!”
@DHEisenberg Who're you to minimise violence against anyone, women included? What next, stealing lollipops from kids is okay since it's just a lollipop?
His failure to attend would make no statement. This piece Is about form over substance.
19
Would this professor have said the same thing about Democrat presidents holding similar ceremonies?
16
@Working Sti
While the author of the article didn't point it out, the two justices who did not have these political dog and pony shows were the two appointed by Obama. Other than with Clinton, these ceremonies appear to be a Republican thing.
1
@Working Sti
I believe he did, if you'll reread the article. He stated that President Clinton did so, following President Reagan's instituting the practice. President Bush indulged himself in the parade of loyalty attestations as well. Also of note, President Obama, holder of a Juris Doctorate in Constitutional Law, did not. That would suggest that President Obama is the "originalist" in the bunch. (GASP!)
3
@Working Sti You mean like how Republicans are impeaching Kavanaugh for perjury like they did Bill Clinton? Oh, wait....
Lap dogs always come when their masters call.
51
@Slr
Clinton-Obama's cultural Marxists Ginsburg, Kagan, Sotomayor?
1
For God's sake, get over it.
26
@John I believe it's going to take a long time, if ever - the situation is going to get a lot worse before it gets better. The country's addicted to bread and circuses.
2
How could anyone imagine he would behave anywhere, anytime with any decency based on his behavior to date?
He's a serial sexual predator and a spoiled brat, elitist sociopath.
He will destroy the lives of millions.
Monster.
52
@Tee Awesome I wish the times would print that every day between now and Nov. 7
This naive opinion piece is just more grist for the mill. These ideas about judicial independence are fossils. The Justice who gave up his seat for Kavanaugh negotiated his exit with the White House--and nobody seemed to care very much. Chief Justice Roberts has received complaints about Kavanaugh already, including some from the circuit court Kavanaugh just left, but decided to do nothing about them. These are judges of the Trump era, dedicated to the conservative cause and, in Kavanaugh's case, unabashed about reveling in the victory.
You'll see comments here from so-called conservatives saying this is just more sour grapes, but that's how they enforce their victimhood. Dare to suggest they behave ethically or with integrity and they'll call you a snowflake. Feels to me like the Kavanaugh fight was the straw that broke the camel's back.
I saw Margaret Sullivan, late of the Times, but now at the Post, wrote about how the media needs to make climate change the number one story in order to impact policy going forward. But meanwhile the press acts like holding politicians accountable would be somehow a sign a bias, unjournalistic. Anything that dares speak the truth is now on the opinion page, only here it can be discounted, the way this piece will be. Perhaps they'll ceremonially burn it at the big White House celebration with Kavanaugh. Perhaps they'll douse it with beer.
15
Thought he might deserve the "benefit of doubt," but when he showed his true colors as a vindictive party hack, I changed my opinion. So long Brett, maybe you should have been considered for traffic court.
22
Now a standard White House photo op is insidiously partisan and should be avoided at all costs. Absurd pieces like this just continue to reduce the credibility of the NYT. The defining characteristic of the left has become being sore losers. It is not a winning strategy.
11
This latest “ceremony” is just a way for Trump to gloat in public. Deplorable.
16
That would take guts and a show of independence from Kavanaugh, but he owes his new job to Trump so there is no way he would lket down his Master and not show up.
10
Could have just titled the article:
Brett Kavanaugh should have been Merrick Garland.
That's really what is wanted here. The person Obama wanted instead of ANYONE picked by Trump.
16
Better yet he should resign.
15
Donald Trump will no doubt soon be inviting Kavanaugh to a one-on-one sit-down dinner to discuss the subject of loyalty....
25
Or invite him to play some golf, or a visit on Airforce One.
1
I'm sure that has already happened.
1
@ChristopherM: Dinner with Brett M. Kavanaugh,’ or as Donald Trump calls him, “my Supreme Court Justice.”
1
Wake up and smell the coffee. If you believe, even for a moment, that conservatives are going to pass up the chance to gloat, you've been asleep for the last two weeks. Asking either of these "men" to observe any sort of decorum resembling separation of powers, is like whipping the wagon to make horses go faster. This is not nor has it ever been about separation of powers; this is about amassment of power and then flaunting it.
35
Trump rules by controlling all the our venerated institutions. He does so through his toadies, Nunes in the house, Graham in the Senate and now Kavanaugh in the Supreme Court, who is totally beholden to him. All these persons are like the old record brand HMV, His Master's Voice.
18
Declining this invitation would be a good first step. It won't happen.
16
The Injustice Kavanaugh as independent jurist ship sailed a long time ago. And promptly sank on Thursday, September 27. Only the captain was saved.
7
It might be a good time for the major media outlets to avoid coverage of the event. Just leave it to Fox News and National Enquirer as he listens to one and possibly reads the other.
12
Utterly ridiculous rationalization here.
This is a great honor for him and his family.
Is there no end to how much the Dems want to punish this guy?
12
He was confirmed by a process that the Republicans rigged.
He is tainted, both by the Republicans who rushed him through, hid most of his documents, put on a "he said, she said" show trial, shackled the FBI, and by his own belligerent, hyper-partisan ranting, his alcoholic, misogynistic background, and his misconduct, assaults, and perjury.
2
I could not care less whether Kavanaugh dances on the desk in the Oval Office swigging brewskis and playing devil's triangle, while The Donald sips his selzer water. Or if they compare favorite country clubs, debate the merits of various pro football teams, or discuss ways to save the Solar System from the vast leftwing conspiracy of Obama's birth certificate.
What matters is whether or not Democratic Party leaders can finally manage to stop wallowing in the anguish of every inane taunt from the Apprentice President, and instead focus on substantive issues of real concern to November voters in key swing districts and states.
43
@Sage
Yeah, good luck with that.
If he does choose to attend, he certainly shouldn't drink.
14
I feel that Kavanaugh is as much Trump's plaything as Trump is owned by Putin.
35
trump will use the occasion to extol his own “accomplishments”.
12
It appears Trump has a new puppy and he wants to show him off.
25
Except trump hates animals.
1
If the man had an ounce of integrity he would not have accepted the nomination in the first place considering the Merrick Garland power grab by McConnell. (I still do not understand how that was legal!) For the majority of US who continue to watch astounded as our democracy crumbles, and our rights are diminished, tonight will just be another poke in the eye by the old white boys club who have increasingly abused their power for the last thirty years.
VOTE THEM OUT!
40
@Lesley
The Senate's handling of the Garland nomination may have been sleazy, like much of politics since our government was formed, but it was completely legal.
The Constitution requires that the nominee receive the "consent" of the Senate as a condition of being appointed. The Constitution does not specify how the Senate decides to provide or withhold consent. Even the "rules" of the Senate (like the House) are completely up to the Senate to decide.
In the case of the Garland nomination, the Senate simply decided to withhold consent and followed their own rules to do so.
As you observe, the check and balance is the voters when a Senator is up for reelection every six years.
9
Some day Trump may puff himself up enough to pop like a balloon.
17
Of course he's going to the ceremony! There will likely be beer there.
He likes beer.
21
I worry less about Kavanaugh at the White House swearing in than I do about the Narcissist in Chief. I worry that Donny will take the opportunity to gloat and while Kav may privately enjoy the moment, he is smart enough to know that such chest beating by Trump will further taint him.
8
It will give Judge Kavanaugh an opportunity to directly pledge his loyalty to Emperor Donald Trump.
11
Why this editorial? Why bother?
The pretense of dignity -- is well in the rear-view mirror. The GOP doesn't care, and they don't have to.
It doesn't matter that the majority of the population is baffled and horrified by all of this. It just doesn't matter anymore.
Our opinions mean nothing. Our votes mean nothing. Our world is lurching more and more toward Stalinist thinking. It's ugly and awful.
12
@molerat6
Yes, your opinions and votes mean something. In under a month voters like you will have an opportunity to express your opinions at the ballot box. If there are not enough voters that share your opinions or concerns, that's life. Our Senators are democratically elected every six years and our Representatives are democratically elected every two years.
(The process was less democratic in many states before the ratification of the 17th Amendment in 1913 which required that Senators be selected by popular vote in each state rather than being appointed by the state legislatures.)
2
Justice K should show his appreciation for those who stood behind him during his darkest hour. It is called being a gentleman which too few on the left understand.
7
Kavanaugh's answers to the senator's questions were immature, bullying, and cagey, if not dishonest. He's no gentleman.
9
He'll attend, to pledge fealty to his would-be King,
the one he holds above the law. 'I've got your back, Mr. President...
nudge nudge wink wink.' Independent jurist? After so much dissembling and biased rage while under oath?
Not going to happen — and it's tragic for our country and the legitimacy of our highest court.
17
@Brunella they don't think Trump is a king. He is their "God Emperor." They say it unironically.
1
But why? He’s dumb as a post!
1
I would not be surprised if Kavanaugh wore a MAGA hat to the White House.
Trump will use his successful Supreme Court nomination, to fire up his base for the mid term elections.
11
@Barry of Nambucca
Justice Bart should go pay fealty to Rupert Murdoch. They can show the pictures on the sails of the Opera House.
2
If Kavanaugh had any humility he would have dropped out after his partisan tirade. He should stay away from the White House after spending the last 2 weeks there, but ultimately its probably too late. He is a company man now.
28
@psrunwme
Actually, since he has a lifetime appointment, he's really not a very good company man at this point as the "company" has no leverage over him now.
Justice David Souter, for example, didn't meet President George H.W. Bush's expectations.
1
@Bob Richards
He owes the WH for limiting investigation into Bush documents and limiting the FBI from doing a thorough investigation. I believe he wouldn’t agree to the FBI background check because he wasn’t sure he hadn’t done it. If he had been absolutely sure he would have said bring it on. His performance was also geared towards making Republicans happy. He will pay them back. And he already has made the case the president can operate with impunity.
If by independent, you mean non-partisan, an independent jurist would not have appeared on Fox News and penned an op-ed for the Wall Street Journal before being confirmed.
He wouldn't have gotten the seal of approval from The Federalist Society if they though he were going to be too independent.
22
Oral arguments of the Supreme Court are open to the general public.
I hope Dr. Blasey-Ford can find the time to occasionally attend the Court's hearings to look Justice Kavanaugh in the face.
13
@A. Stanton
She says she's afraid of flying so that would be stressful to her unless she has time to drive or take the train or bus across the country.
Although, maybe if she routes her flight itinerary for vacation through Dulles with a long layover in DC, she could fool herself into not being afraid as she's apparently not fearful of flying when doing so for business, family, or pleasure.
3
@A. Stanton
Nah, won't happen. She is afraid to fly, remember?
2
"[Kavanaugh] needs to demonstrate the independence and neutrality that he himself has stressed is essential to the work of the Supreme Court. A first step would be to politely decline to go to the White House for the ceremony."
Oh please. Does anyone actually think he cares about that?
4
I find it to be a bit of a stretch to say that dispensing with a White House ceremony would be a sign of judicial independence. Remember, the President is also the head of State, not only head of the administration. As such, it is his job to hold such symbolic ceremonies.
There's too much nitpicking going on about Justice Kavanaugh, and this feels like scraping the bottom of such nitpickings.
And Ret. Justice Stevens had no qualms about Justice Ginsburg's public comments on the president, hardly a sign of judicial impartiality.
Please don't take one action, ceremony, quotes to justify everything.
6
"But in the wake of his highly politicized remarks at his confirmation hearings, a large portion of the country has doubts that he will live up to that noble aspiration"
The Dems believed the accuser. They gave her Feinstein's lawyer. The lawyer tricked her and didn't tell her the Committee was willing to fly to CA to interview her discreetly and confidentially (per her desire). The Dems withheld her allegation for weeks. Then, despite not wanting her sexual assault aired publicly, the Dems leaked it to create a political circus.
So the Dems create the political circus. And then want Kavanaugh to depoliticize it afterwards? Right.
11
You got the right wing talking points down. Now try listening directly to the words of the woman, Dr. Blasey Ford, who was assaulted, instead of the warped narrative put out by Fox News.
3
I imagine there will be beer there. Bud Light, in keeping with Trump's fondness for well done steaks with ketchup, if McDonald's isn't available. Because Bud Light is the epitome of taste and class.
Do you like beer? I like beer.
19
Trump is milking his "win" for all he can get. It is a big deal that Trump/GOP got to seat a 2nd SC judge true but Trump is making this into so much more. He has to keep that GOP anger going strong. And the FEAR. The fear of beer swilling males, the fear of liberals worse than evil itself, the fear of women. It's not only fear of women but the total dismissal of a woman's voice for equality or justice or a fair wage.
As for Kavanaugh, he is already bought and paid for. Everybody knows it so why pretend?
If, if Kavanaugh remains true to the tradition of almost every SC judge, I look forward to basically never seeing or hearing from him again publicly. If he keeps the traditional ow profile, we will only know he is there when we read one of his opinions. That might be bad enough.
So let hope he fades away to work quietly.
4
Oral arguments of the Supreme Court are open to the general public.
I hope Dr. Blasey-Ford will be able to find the time to occasionally attend the hearings and look Judge Kavanaugh in the face.
3
Maybe because he's presently under investigation for perjury - not just by the ABA (who could have him disbarred), but in the US Court of Appeals in DC? But that assumes this man has anything resembling shame, which so far America has seen no evidence of.
13
@Jill
No, the ABA cannot have him disbarred. Lawyers are licensed by agencies in their individual states where they have licenses and the state licensing agency can disbar a lawyer. The ABA is a voluntary organization, it does not license or disbar attorneys. Facts matter.
2
@Earthling Irrelevant. The ABA filed an ethics complaint with the US Court of Appeals. If it is considered, reviewed and agreed with the licensing agency in DC will disbar him - as it should. He perjured himself and should be removed from the court as soon as possible.
Maybe Justice Kavanaugh was told there would be BEER. Trump is hurting both Kavanauagh and the Republicans by asking the new Justice to the White House. Many will see it as a celebration, a party if you will, like the Bar B Que that the House held when it passed the law repealing Obamacare which went no where and people hated. Or how about the back slapping celebration for the tax reform bill that Republican's don't even reference during this election cycle because it's so unpopular. Or the Mission Accomplished boat party that celebrated the end of the war we're still fighting in the Middle East 17 years later. If Kavanuagh attends this party it could lead to consequences worse then the ones he attended with Mark Judge and Squi. Many will see this gloating puppet and think we are reliving the kind of get together where rules don't apply, empathy is left at the door and half the population will lose all hope upon entering. At the very least Kavanaugh should leave it off his calendar.
4
@Rick Gage
Maybe he can expose his true character there as a full fledge day member of the GOP keg club and then because of his weak stomach Ralph it up.
2
Never going to happen we all can see he is not going to miss his Political moment with his GOP Buddies. His speech the other day was an awakening how Political our Supreme Court is. He did his Political job making sure Clinton was impeached and Bush got his recount in Florida. He has been rewarded by the GOP for his Allegiance to them.
8
Professor Herz, you ask that now Associate Justice Kavanaugh decline this White House ceremony to assert his “independence” from his political benefactor Trump and his Administration. Additionally, he would also be declining this faux swearing-in White House production if he truly possessed some personal and professional integrity. Sadly the Fake President, without any regard, concocts another way to publicly manipulate Kavanaugh to benefit him and his party for the midterm elections. His indebted Justice shamefully complies with the master’s directive and all the worst predictions about the Court’s newest member may be on track to materializing.
7
Kudos to Justice Kavanaugh for hiring the first all-female law clerk team in the history of the Supreme Court!
8
@Charlie
They must pass the Zina Bash test and mick and ridicule anyone who dares not deify their godkegfratboy.
Kavanaugh getting selected is depressing...but not nearly as depressing as when Trump got elected. Guess I am building a tolerance. Hopefully Americans will open their eyes on Election Day and see what is happening to our government and what type of people are now in power...and do the right thing. Regardless of your political leanings, at least VOTE!
6
Another ceremony? Trump can't get enough adulation in the 4 political rallies he's flying off to this week?
8
I thought when the Kavanaugh thing was finally over, as it is, that the leftist media would move on to the next easy thing, maybe Mr. Booker's questionable behavior or Mr. O'Rourke's police record but, no, it's still Kavanaugh, and bitterness, and dire predictions and political revenge. The Dems have been stuck in the same groove since 2016, they haven't yet admitted to themselves that they lost the election and it was their own fault. They're prisoners of their extreme left fringe, it can't stop pulling them toward the edge of the cliff, what are they going to do about it?
9
@Ronald B. Duke This "kavanaugh thing" is NOT over. He's going to be on the court making decisions that affect people's everyday lives. We should all just forget that? I don't think so.
7
@Ronald B. Duke
We have longer memories than blackoutbarfking. His day of reckoning will come.
1
It appears that Brett Kavanaugh was chosen over other qualified conservative judges because he has opined that presidents cannot be prosecuted while in office. Is doubtful that he will be an independent jurist. Expecting him to demonstrate Independence amounts to wasted energy. Use it to fight for causes you believe in.
31
@Georgia Lockwood: Kavanaugh was subordinate to Garland, but now he is Garland's boss. That is the Trump touch in action.
2
@Steve Bolger too true, unfortunately.
@Steve Bolger: Yes, the sadism of a Stalin. I do hope Mueller is a bachelor and has no family he can be threatened into submission with. We ain't seen nothin' yet if the Democrats don't regain at least the House in November and the Presidency in 2020. But hey, at least we don't have to suffer long if they lose and we may believe the latest report on climate change.
This is an excellent suggestion, and one that will be quickly dismissed by the successful candidate.
Not only is the White House ceremony the proverbial "victory lap" for the president, but it will be Mr. Kavanaugh's chance to figuratively loft a digit in the direction of the Democrats in revenge.
Mr. Kavanaugh left no doubt whatsoever in his final testimony that he views the left side of the political spectrum as The Enemy--and he will almost certainly see the ceremony as a sort of campaign contribution toward November.
29
Most of the media vehemently opposed the election of Trump. Since then, they have alternated between condemnation and advising him what to do.
It seems that the same pattern is to be followed with Kavanaugh. By all means, continue to vilify him, which is at least consistent, but please spare us the advice. I doubt that he would get any credit if he followed it.
16
Sure, he should attend!
Let him and the other man who's stood accused of assaulting women and bragged about "grabbing them by the p..." stand together, be filmed together, be heard congratulating each other, for all to see. Let them be seen gloating together over their victorious bid to oppress and defraud the American people of its democracy.
Let them, just four weeks before an election, show the world what crass and corrupt look like.
Let them show the world what rock bottom, on a national level, looks like. Let the left, for once, be motivated into applying the most intense levels of pressure on Democrats to finally move away from the putrefaction of political necrophilia and force them to act to eradicate it from here on out.
This is what money in politics got us. Corruption and rape culture won, for now.
---
On Political Necrophilia and Trump Promising to "Grab, grab, grab"
https://www.rimaregas.com/2016/02/25/finding-sobriety-in-2016-sanders-cl...
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@Rima Regas
"This is what money in politics got us. Corruption and rape culture won, for now."
Well, obviously skill and cunning is more important than money. 43% more money was spent on Clinton's campaign than on Trump's -- and even with that, she was unable to win.
The impact of money in Presidential elections is not as great as many think. Far more important is for voters to pick an electable candidate in the primaries.
1
@Bob Richards
Look into the influence of the parties over who gets picked from the county level on up.
You won't get an argument from me on electability. Trump sang from the songbook Democratic voters longed to hear Hillary singing. His rendition, of course, was one big lie.
Nice idea, but ain't happening.
Trump and Kavanaugh are joined at the hip on just about every issue,
and they've praised each other to high heaven. The President believes in "optics", and will make sure the Justice attends.
The other thing is that in order to be an independent jurist you need intelligent, well thought out Opinions. Kavanaugh has supported every far right cause that has come into his courtroom, and now his mission will be to make sure that his bosses are everyone else's, too.
Nice going, Collins, Manchin, Flake, and the rest of you. You have delivered a fascist majority to our Supreme Court, which will lead to many unknown outcomes- all horrible.
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@Mike Roddy: Even the word "gentleman" has been redefined in Washington.
2
@Mike Roddy;
Time for voters to retire Manchin & Collins for the lifetime of damage they’be inflicted on America
4
When does Trump start referring to Kavanaugh and Gorsuch as 'his justices'?
72
@John - I'm sure Donald Trump is already referring to "his justices" just like he has his own generals. The man understands nothing about his job.
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@John Both Gorsuch and Kavanaugh rate as less partisan than any of the liberal justices on the court.
3
Hopefully tonight
1
Have the Ceremony. We can have an Official Kavanaugh Impeachment ceremony later!
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Kavanaugh will not stay away.
His Lord & Master has ordered him to be there and he cannot disobey his benefactor. Maybe kiss the Liar’s ring? Probably in the sanctum of the Oval Office!.
The opportunity was there (M. Garland!) to show a little bit of bipartisanship but the Grifter is a one man show and will not share the stage.
The logic is of impeccable facism...
60
Elsewhere in today's NYT, a conservative pundit opines that "conservatives should not gloat" about the Kavanaugh appointment.
Indeed. Because after all of the Trumpublican bellowing; Kavanaugh's own over the top, Alex Jones/Infowars rant before the Senate Judiciary Committee; Trump's vicious effort to humiliate Ms. Ford and women in general from the Presidential bully pulpit; Mitch McConnell's ridiculous blathering and blubbering about Democratic obstructionism (Merrick Garland, anyone?) --
It's now time for the ever so cultured and refined, smug and self-assured fascist dictatorship of old white men that has been assembled during the Trump administration to continue to relentlessly do its thing behind closed doors, while others distract the public with the usual attacks on immigrants, Muslims, 'welfare moms' and the panoply of phantoms and scapegoats our Presidential Insult Comic in Chief castigates at his carefully choreographed "rallies" -- which look for all the world like re-enactments of Hitler's public appearances in the heyday of the Third Reich.
Not to worry - the stock market's up, corporations are reaping enormous after-tax profits (as one expects when corporate taxes are slashed) - and defrauding consumers and retail investors with impunity gets easier by the day.
We've seen this program before. Hitler built the autobahn, bankrolled "the people's car," and kept Deutschland's heavy industry humming. Mussolini made the trains run on time.
So it's all good!
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How about we just turn off the TV?
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@HISD Parent
I'd rather know what's coming as opposed to guessing or being blindsided.
6
Why a second ceremony -- perhaps now that he's a Trump team member, he still needs to sign the Non-Disclosure Agreement and Loyalty Oath?
184
Maybe next time the Democrats get all the branches of government they should deliver on the promises that they make to their base like the GOP is doing right now. What did we get last time? A moderate Republican market-based health care system designed by the Heritage Foundation and not one of the bank CEOs responsible for the fraud that led to the Great Recession sent to jail.
Try harder.
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@CL
They did, it was the already growing economy that trump takes credit for. They did, by not letting this country fall of the fiscal cliff the the republicans drove us too. I'm sure that you're going to deny it, but history records it as such. as all the major fiscal crisis that have ever hit this country
8
Lofty idea put forth by Professor Herz but Kavanaugh will attend the White House ceremony and pay obeisance to trump.
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@Mary Ann Donahue - He's attending because he heard there was free beer. And evidently he likes beer. He likes beer. He still likes beer....
4
Kavanaugh should tell the president that he is going out for beers, and that Melania looked sexy in Egypt.
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Will there beer served at the White House? Then I'm going! Do you like beer? I like beer? Who doesn't like beer?
Sincerely, a Renate Alumnius
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@drdeanster
I promise, not to swill beer while in the supreme court itself, I promise not to sexually assault ant female justice, I promise I will not buy Budweiser (in the can or bottle) only by the keg. I promise to his that 100 keg goal I made myself on May 12 1985, see it's right here on my 35 year old calendar that I've meticulously kept all this time, ( just in case anyone say's I didn't have 100 keg goal)
6
Consistent with past practice, Kavanaugh has selected 4 women clerks. He is the only one who has ever done this. Cynicism is unfair because the decision was not unexpected.
In this way, Kavanaugh has put his own mark on how he does business, and it is very different than the way Trump does business. Whether he participates in the ceremony or not, he has already made an important statement.
17
@michjas One of Kavanaugh's supporters was throwing white power gang signs at the confirmation hearing.
What do they look like?
1
@michjas
Yale Law dean: Reports that professor groomed female clerks for Kavanaugh 'of enormous concern'
The dean of Yale Law School on Thursday responded to reports that a prominent professor at the school had advised students seeking judicial clerkships with Brett Kavanaugh on their physical looks, saying the reported allegations of faculty misconduct are "of enormous concern" and calling on anyone affected to come forward.
https://www.nbcnews.com/politics/supreme-court/yale-law-dean-reports-pro...
YLS professors said Kavanaugh picked attractive clerks
Married Yale Law School professors Amy Chua and Jed Rubenfeld are under intense scrutiny after The Guardian reported on Thursday that the two faculty members separately told female law students interviewing with Brett Kavanaugh that [he]prefers female clerks who are good-looking and attractively dressed.
…
The Guardian also reported that Rubenfeld is the subject of an internal Yale Law School investigation focusing on his conduct toward female students, among other issues. Later on Thursday, the legal news website Above the Law reported that the law school has hired Title IX investigator Jenn Davis to look into Rubenfeld’s conduct, including allegations that he inappropriately commented on female students’ appearances and drove with his students while drunk.
https://yaledailynews.com/blog/2018/09/21/yls-professors-said-kavanaugh-...
1
Au Contraire, I think Kavanaugh should go to the WH ceremony and repeat his speech. After all, he has lots more to thank Trump for after the hearings and, I hope that the new speech will be more embarrassing in praise for the President. The more, the better.
Therefore, when a case involving the President, the Trump family or, the Trump interests arrives at the Supreme Court, Kavanaugh will have to recuse himself. The press will have on tape proof of his inability to be impartial.
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@Aurace Rengifo
Well when his ruling start to effect you, as a woman, you'll have no one to cry to.
1
Nice to contemplate, but this would negate the reason(s) Don McGahn told Kavanaugh to make his testimony emotional:
https://www.nytimes.com/2018/10/06/us/politics/kavanaugh-vote-confirmati...
which could be used by Faux Noise commentators in appealing to the mistreated (joke) underclass of white males - and their boys - who don't want to share the reins of power.
If Kavanaugh were to not show up, we might all remember he's never argued at trial in his life, which is why some people say his Senate performance was just one more indication he's a political hack now dressed up in a robe.
And if the new Assoc. Justice didn't show up for a 3rd swearing in - he's already been sworn by Roberts as well as Kennedy - Pres. Very Stable Genius 45* might not get to engage in more rabble talk about preventing Dems from impeaching Kavanaugh.
In short, if Kavanaugh were to not show up at a political event staged for the benefit of the base, wouldn't it render moot his histrionic testimony designed to motivate the base ?
Never forget - Lindsey Graham: " I think Dr. Ford was treated well. The roles were reversed; the slut whore drunk was Kavanaugh. "
49
@R. Law
If the roles were reversed, McConnell's double chin, would be jiggling like a bowl of jello at Thanksgiving, he'd be so angry, like Graham was. But lying only goes so far......
3
Kavanaugh loves the attention of Republican presidents. He thinks he's a member of their Club. We saw that, he didn't even try to hide it when he was a nominee. He got away with perjuring himself under Trump's guiding protection.
Once a suck up, always a suck up.
He'll be there because it was really Trump who gave him this lifetime job, the Republicans just did what Trump wanted. They're all water boys for Trump in the big Republican Frat Club.
207
Great idea. If only there were a scintilla of evidence that Justice Kavanaugh has the strength required to act on this suggestion. Unfortunately, all the evidence points the other way; he is a political operative masquerading as a jurist. (And, one suspects, his masquerade extends far beyond that.)
156
@Albert Ell - Kavanaugh's inevitable service to the GOP is only fair given that someone from that party paid off $200K in gambling debts and floated him a "loan" for the down payment on his new mansion. I suspect they'll want to see a return on their investment.
5
He should do what every new justice has done. This is call tradition and it should be honored. There was talk over the weekend whether or not he should walk up the steps of the US Supreme Court building with the Chief Justice. Of course he should. This is a celebration and he should celebrate.
14
@J
Somewhat like funerals, the celebrations are usually more for the family, friends and supporters.
12
Here was one of the law professors urging the Senate to undermine the rule of presumption of innocence in the absence of evidence and vote no on the confirmation. The Senate ignored his poor advice. And now he is trying to convince Kavanaugh to ignore precedence and not show up at the ceremony.
Here needs to accept that his side lost once again.
21
@luxembourg Considering that a Supreme Court judge ought to be impartial, all this talk of winning and losing and sides seems out of place. And by the way, I agreed with Mr Herz that this candidate should not have been advanced- and it had nothing to do with guilt or innocence. It had everything to do with temperment and the presence of obvious partisanship.
In my opinion, America lost once again.
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@luxembourg
Why do you use the word "side?"
12
@Brian Martin If you reread my comment, you will see that it references Herz’s side. He clearly has taken antagonistic approach to the proceedings.
If Kavanaugh becomes a recluse from the public, his critics will claim it proves he bears so much shame that he must stay in hiding.
No matter what he does, his critics will find fault.
27
@RM
He should resign if he cares about this country at all.
19
@RM
You haven't been paying attention to any of the reasons people are objecting, all of which are sound - and many are also impassioned but also within reason.
Which is more than I can say for Lindsey Graham's spectacle.
Apparently, Lindsey Graham isn't the ONLY trite drama queen in the Trump party.
I wish this Trump party would wait for Halloween to have their overdone costume melodrama.
I honestly am tired of getting shocked by their schlock.
5
@RM
There is plenty of fault to find.
Starting with having a liar and political hack on the SC for the next 30 years.
3
Why Kavanaugh Should Not Attend the White House Ceremony
It would be a first step in demonstrating that he is the independent jurist he claims to be.
- - -
But since 100 Keg Brett really is nothing like an "independent jurist", he will be there with his family for the celebration, and the photo op third time swearing in.
I am waiting to hear that 100 Keg Brett gushed all over Delusional Donnie, praising him up one side and down the other. If only Delusional Donnie had a ring to be kissed ... (I will not waste my time watching. The "failing" NYTimes can cover it for me.)
Delusional Donnie needs the attention and the stroking.
197