October 2018 Archives


Whenever a confrontation goes in Trump's favor everyone talks about how lucky he is. But... what if he's just better at politics than his opponents?

One can only assume that in the Kavanaugh home, there's a horseshoe over every door, a rabbit's foot in every pocket and a lawn entirely planted with four-leaf clover. There were half a dozen times during Brett M. Kavanaugh's Supreme Court nomination battle when most experts were certain he'd have to be withdrawn. Republicans already faced a likely Democratic wave in the midterms, and standing by Kavanaugh would all but concede not only the House but also possibly the Senate.

Yet somehow he was confirmed. And his party's luck is even more astonishing. Far from turning the Blue Wave into an Indigo Tsunami, the Kavanaugh fight seems to have produced a Red Undertow. As of this writing, that backwash looks strong enough to check Democratic advances in the Senate and maybe even gain a couple of seats. If Republicans are very lucky, they might even retain control of the House.

A few months ago Dov Fischer wrote "Everyone is Smart Except Trump". Trump's opponents would do themselves a favor if they took Trump more seriously.

It really is quite simple. Everyone is smart except Donald J. Trump. That's why they all are billionaires and all got elected President. Only Trump does not know what he is doing. Only Trump does not know how to negotiate with Vladimir Putin. Anderson Cooper knows how to stand up to Putin. The whole crowd at MSNBC does. All the journalists do.

They could not stand up to Matt Lauer at NBC. They could not stand up to Charlie Rose at CBS. They could not stand up to Mark Halperin at NBC. Nor up to Leon Wieseltier at the New Republic, nor Jann Wenner at Rolling Stone, nor Michael Oreskes at NPR, at the New York Times, or at the Associated Press. But -- oh, wow! -- can they ever stand up to Putin! Only Trump is incapable of negotiating with the Russian tyrant.

Remember the four years when Anderson Cooper was President of the United States? And before that -- when the entire Washington Post editorial staff jointly were elected to be President? Remember? Neither do I.


Project Veritas is performing a public service by giving politicians and their staffers an opportunity to reveal their true political beliefs. Veritas is a rightist group that is targeting leftist politicians, and what they've uncovered about Missouri Senator Claire McCaskill and Tennessee Senate candidate Phil Bredesen is enlightening.

Here's McCaskill speaking with the undercover journalist:

Senator McCaskill revealed her intention to vote on various gun control measures in undercover footage:
MCCASKILL: "Well if we elect enough Democrats we'll get some gun safety stuff done. They won't let us vote on it, we've got 60 votes for a number of measures that would help with gun safety, but McConnell won't let 'em come to the floor."

JOURNALIST: "Like bump stocks, ARs and high capacity mags...?"

MCCASKILL: "Universal background checks, all of that... But if we have the kind of year I think we might have I think we could actually be in a position to get votes on this stuff on the floor and we'd get 60 [votes]..."

JOURNALIST: "So you would be on board with the bump stocks and... high capacity mags."

MCCASKILL: "Of course! Of course!"

And here are some Bredesen staffers who claim to know the candidate's true position on the Kavanaugh nomination.

Maria Amalla and Will Stewart, staffers in Bredesen's campaign, both say on hidden camera that if he were in the Senate, Bredesen would not actually have voted to confirm then-Judge Brett Kavanaugh. They explained that the statement Bredesen issued in support of Kavanaugh was a political ploy to gain the support of moderate voters in Tennessee.
JOURNALIST: "Like he wouldn't really vote yes [for Kavanaugh,] would he?

AMALLA: "No, it's a political move... He thinks that like we're down like half a point right now. It's like really close and we're losing by a point or two. So he thinks that if like by saying this he's appealing to more moderate republicans and he'll get more of them to vote for us."

JOURNALIST: "I was so confused because I just can't believe he would actually vote [for Kavanaugh.]

STEWART: "He wouldn't. But he's saying he would... Which I don't know if it makes it worse or better. No, it makes it better... "

[snip]

JOURNALIST: "So he'll lose voters if he says yes [to not confirming Kavanaugh?]"

STEWART: "Oh, straight up, yeah."

JOURNALIST: "Are the people of Tennessee that ignorant?"

STEWART: "Yeah."

This is all valuable information for voters, especially with public trust in our politicians at a record high!

Unfortunately Project Veritas only targets leftist politicians. It would be valuable if a similar group were to stage undercover interviews with rightist politicians.


Dahlia Lithwick's angst-ridden lament for the Kavanaugh-confirmed Supreme Court is a fantastic illustration of how Leftists view themselves as neutral centrists.

Constitutional law professors have been wondering aloud how they can neutrally teach case law after signing a letter opposing Kavanaugh's elevation (over 2,400 professors nationwide did so). Some say they believe the court has now been irredeemably politicised.

As if the professors could have taught in a non-political manner if they had kept their anti-Kavanaugh bias secret? The court hasn't just now been politicised, it has been politicised at least since Bork was Borked by Ted Kennedy.

Whether Roberts proves to be a fifth vote to strike down protections for abortion, affirmative action, and to curb voting rights with the stroke of a pen, or merely to check these rights in small but certain steps, those rights will be limited. He will be the fifth vote to shrink the authority of regulatory agencies; the fifth vote to protect business over workers' rights; the fifth vote to chip away at gun regulations; and, the fifth vote to allow religious dissenters to opt out of civil rights and public accommodation laws. We don't know how or when this will happen, but happen it will.

Lithwick casts these issues in a way that portrays the Leftist preference as "neutral" and the shift she predicts as an aberration. A conservative can play the same game.

  • "strike down protections for abortion" becomes "uphold protections for the unborn"
  • "strike down protections for affirmative action" becomes "enforce equal laws equally without regard for race"
  • "curb voting rights" becomes "prevent voter fraud"
  • "shrink the authority of regulatory agencies" becomes "limit the federal government to its Constitutionally defined role"
  • "chip away at gun regulations" becomes "protect Americans' natural right to self-defense, as guaranteed by the Second Amendment"
  • "allow religious dissenters to opt out of civil rights and public accommodation laws" becomes "protect Americans' natural right to religious freedom, as guaranteed by the First Amendment"

The Leftist preference isn't the natural, "neutral", "centrist" order of the world.

This president--who lost the popular vote--has now seated two Supreme Court justices. Four sitting justices have been confirmed by Republican senators who collectively won fewer popular votes than the senators who voted against confirming them. A minority-majority president and a minority-majority Senate have remade the court in their own image, and completed that process by installing a singularly divisive nominee.

In August (before the Kavanaugh agony) Michael Barone encouraged Democrats to play by the rules rather than denouncing them, and his stats undermine Lithwick's complaint.

The Democrats argue that they've been winning more votes but don't control the federal government. They've won a plurality of the popular vote in six of the last seven presidential elections, but have elected presidents in only four of them. That darned Electoral College-- "land," as one liberal commentator puts it -- gave the presidency to George W. Bush in 2000 and Donald Trump in 2016.

Of course, the Gore and Clinton campaigns knew that the winner is determined by electoral votes, not popular votes. But that hasn't stopped many Democrats from calling for changing the rules to election by popular vote.

Or from complaining about the composition of the Senate. A majority of senators, writes ace election analyst David Wasserman, represent only 18 percent of the nation's population. That's because under the Constitution, each state elects two senators, and a majority of Americans today live in just nine states.

It's suggested that the framers didn't expect population to be so heavily concentrated in a few states. Actually, it was similarly concentrated in big states 50, 100, 150 and 200 years ago. And when the framers met in 1787, small states demanded equal Senate representation precisely from fear that the big states would dominate them.

Moreover, small states today aren't uniformly Republican. Vermont, New Hampshire, Rhode Island, Delaware and Hawaii currently send two Democrats to the Senate. Maine, North Dakota, and Montana each send one. The 12 smallest states are represented by 13 Democratic senators and 11 Republicans.

The real problem for Leftists is that their current ideology doesn't have broad appeal, unlike in the days of President #MeToo Clinton.

A party which wants to win more elections might take note of that and look to broaden its support base, rather than plead for impossible constitutional changes and fiddle with fixes that might produce unanticipated negative consequences.

Once upon a time, Bill Clinton showed Democrats how. He won the presidency, from which his party had been shut out for 20 of 24 years, by adapting its platform to appeal to additional voters. In 1996, he won 174 electoral votes in states that his wife was to lose 20 years later.

Bill Clinton carried California twice by the solid margin of 13 points. In 2016 she carried it by 30. But she built up that margin by taking stands that antagonized "deplorables" in Pennsylvania, Ohio, Michigan, Wisconsin and Iowa, and the rest is history.

Back to Lithwick, who completely fails to notice judicial gaslighting by the Left. The Left works itself up into a tizzy, and then uses that tizzy to claim that the Right's preferences aren't legitimate.

But the court will not have so long to recover its standing as a neutral oracle: cases testing the boundaries of Trump's executive authority, his treatment of immigrants and refugees, and possibly, someday even the legitimacy of Special Counsel Robert Mueller's investigation into Russian election meddling will soon pile up on its doorstep. There cannot, for long, be any hiding from the front pages, or from making highly-charged calls.

Attention spans can be short. After the Kavanaugh debacle, however, the Court could find more citizens than ever suspect its practice is directed by partisan convenience, not by law.

Translation: when the SCOTUS rules in favor of the Left, it is "neutral"; when it rules in favor of the Right, it is "partisan".

As Glenn Reynolds has pointed out, the Left should be thankful that the Right doesn't advocate for a "living Constitution" approach to the judiciary.


Robyn Urback writes that the Clintons are long-overdue for a #MeToo reckoning. It has always struck me as fundamentally unjust that Monica Lewinski's life has been permanently scarred while the Clintons have prospered.

To this day, Clinton maintains a rather unrepentant air. When he was pushed about his affair with Monica Lewinsky during a television interview back in June, Clinton lashed out at the interviewer and accused him of ignoring supposed "gaping facts" about the saga. Clinton also noted that he was a victim, too, in that he left the White House $16 million in debt. Let's pause here a moment to appreciate the trauma of the Clintons' fleeting financial insecurity.

Lewinsky, during that time, was made the nation's punchline, villain and slut. Decades before the term "gaslighting" would enter the mainstream lexicon, the president of the United States went on national television and told the world that he "did not have sexual relations with that woman." Clinton's allies painted Lewinsky as a stalker and a manipulator, and even feminist icon Gloria Steinem suggested in a column for the New York Times that Lewinsky was equally at fault for the illicit affair.

It would take Lewinsky nearly 20 years to realize that the power imbalance between an unpaid intern and her boss -- a man 27 years her senior and also the president of the United States -- complicates notions of consent and culpability. She would grapple with post-traumatic stress disorder for decades and struggle to find a clear career path. These are not ordinary consequences for a poor decision; most of us do dumb things we regret in early adulthood, but few of us are defined by them for the rest of our lives.


A good many times I have been present at gatherings of people who, by the standards of the traditional culture, are thought highly educated and who have with considerable gusto been expressing their incredulity at the illiteracy of scientists. Once or twice I have been provoked and have asked the company how many of them could describe the Second Law of Thermodynamics. The response was cold: it was also negative. Yet I was asking something which is about the scientific equivalent of: Have you read a work of Shakespeare's?

Baron C.P. Snow The Two Cultures: The Rede Lecture (1959)


I guess everyone thinks that the sexual assault allegations against Judge Kavanaugh are bogus, which is why we're talking about his "judicial temperament" and alcohol consumption. Writes Orrin Hatch:

That Judge Kavanaugh had the temerity to defend himself vigorously is now being counted as a strike against him. Over and over we hear him described as "angry," "belligerent" or "partisan," followed by the claim that his conduct at the hearing shows that he lacks a judicial temperament. Even "Saturday Night Live" got in on the action.

You've got to be kidding me. Do the people making this argument really expect a man who until five seconds ago had an unblemished reputation to sit passively while his reputation is viciously and permanently destroyed? While he is accused of the most horrific and obscene acts imaginable? Judge Kavanaugh's critics seem to be aghast that he is a human being who is unwilling to take slander lying down.

But he drinks alcohol?

Countless articles have been written about how Judge Kavanaugh "lied" about his high-school and college drinking at the hearing, thereby calling into question his honesty. These articles claim the judge portrayed himself as a "choirboy" who, in the words of the New York Times, enjoyed "a beer or two as a high school and college student." Then they hit back with quotes from college acquaintances who say they saw the judge drink quite a lot.

This is known in the business as a straw man. Judge Kavanaugh never claimed he always drank in moderation. To the contrary, he admitted, "Sometimes I had too many beers."

It's weird to me that the Left is going all-in on teetotaling and the Mike Pence / Billy Graham rule. I think this is quite sensible, but I'm surprised that the Puritans have somehow managed to win the culture war.


Andrew McCarthy is obviously right about what Senate Republicans should have done to advance Kavanaugh, but the simple fact is that they didn't have the majority required to do it.

So, finally, we get to a committee vote over two weeks after it should have happened; after reopening a hearing that involved 31 hours of testimony from the nominee; after 65 meetings with senators and followed by over 1,200 answers to post-hearing questions, more than the combined number of post-hearing questions in the history of Supreme Court nominations. We finally get Kavanaugh's nomination voted out of committee. And then, as a final floor vote is about to be scheduled and debated, Republicans -- taking their lead from the ineffable Jeff Flake -- agree to accede to one more Democratic request (really, just one more, cross-our-hearts . . .). And what would that be?

What else? Another week of delay.

The rationale for this delay is priceless: We need an FBI investigation. It is understandable that the public does not realize how specious this demand is. But who would have thought Senate Republicans were in need of a civics lesson?

Unfortunately for the Republicans, they've only got 51 Senators. I'm sure Senate leadership was aware of and would have preferred McCarthy's approach, but that approach wasn't possible without unanimous approval from the Republicans' marginal senators, like Flake. If Republicans had a stronger majority, Kavanaugh would be seated already.

The seeds for this ongoing debacle were planted years ago when Republican Senate candidates like Christine O'Donnell, Todd Akin, Ken Buck, and Sharron Angle failed to win races that were well within Republican grasp.

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This page is an archive of entries from October 2018 listed from newest to oldest.

September 2018 is the previous archive.

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