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What Next for Kavanaugh

Don Rose 10 October 2018 3 Comments

“What goes around comes around!”

So goes the commonplace unveiled threat of reprisal from an uncommonplace individual in a very uncommonplace situation.

I speak, of course, of Brett Kavanaugh’s tirade against Democrats and assorted other evil-doers who had the temerity to pose hard questions and actually (gasp) oppose his nomination to the highest court in the land. Even cynical old me was somewhat shocked to find a federal judge making threats against opponents. I haven’t yet found an example of any other high-court nominee ever doing so.


Here was a nifty example of judicial temperament in the age of Trump. His excuse for that and other insulting outbursts is that he got emotional. The clearly emotional Dr. Christine Basley Ford, however, maintained perfect decorum.

So what will happen when Kavanaugh gets emotional about some case before the court?

When something that went around comes back around for him to judge?

What happens when a significant Democratic issue such as partisan gerrymandering or voter suppression comes up as is likely to happen early in his tenure?

How about when a case comes up seeking to make it okay for clergy to endorse political candidates from the pulpit yet have their houses of worship remain tax-exempt institutions?

Then there are the little white-guy lies he told–especially the ones dealing with S-E-X. I recall that Bill Clinton got impeached for lying about sex while under oath. Kavanaugh doesn’t even get admonished for lying about the language of sex while under congressional questioning.

You don’t have to have an adolescent in the 1980s to know that “boofing” is slanguage for what my generation sometimes called “back-door” sex. Good old “Bart” redefined it as “flatulence” much to the amusement of the crowd. He then managed to make “the devil’s triangle” into a drinking game rather than three-way sex among two men and a woman. Perhaps he meant that it could result from the trio’s having too much to drink.

As many experts have said, telling little lies, even about sex, suggest you might easily be telling lies about bigger things–as many think he had done.

So what’s to be done?

Clearly, if the Democrats take over the House, as is still expected, they could begin a genuine investigation–complete with subpoena power–into all his possible lies, digging deeper, interviewing a couple of dozen potential witnesses to his behavior who were ignored by the limits Trump imposed on the FBI in their itsy-bitsy investigation. This, of course, could lead to a possible impeachment proceeding–you know, the kind Kavanaugh worked on against Clinton. What goes around comes around.

Long-term, there has been some discussion of expanding the number of US Supreme Court judges to, say, 11, in order to rebalance the court if the Dems ever get the presidency and both houses. A radical move that FDR once tried but failed to accomplish. It is theoretically possible through legislation.

Don Rose is a regular columnist for the Chicago Daily Observer


  • Maynard G. Keynes said:

    The aggressive reaction from Kavanaugh was due to the fabricated claims of being part of a rape-gang, not some reasoned opposition to his candidacy.

    Ridiculous claims about yearbook barbs are not grounds to keep someone off of the Supreme Court.

  • Skeptic said:

    Democratic candidates have no problem with campaigning during church services in certain precincts. It is only objectionable if other candidates have similar access apparently.

    When Don Rose starts channeling Michael Avenatti, it is time for me discount his opinions.

  • Skeptic said:

    There is now a lengthy report from the US Senate Judiciary Committee Chairman Charles Grassley (R), including calls for possible referrals for criminal prosecution. In short, the report suggests that the entire effort to torpedo Kavanaugh was predicated upon a pack of lies. Indeed, some of the multiple accusers have already admitted to having made false charges for political purposes.

    Not good.

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