The Perjury of Brett Kavanaugh

Kavanaugh v. Ford et al.

(Photo Credit: Getty Images)

So… apparently, there was something going on in Washington today?

Any surprises? No… Did we learn anything new? Not really… a minor thing, we learned that Rachel Mitchell was in contact with the Majority Staff of the U.S. Senate Judiciary Committee last week, and not just a couple of days ago as had been implied… but that’s about it, and that’s relatively minor. So what’s going on? What are we to believe?

Facts:

  • So, many people -good people- are asking what the facts are. Less inquisitive people are conversely more partisan and presume to know the facts already of course. But, no, I don’t think any of us know the facts or will ever know the facts. These are the facts, and they are indisputable:
  • The fact is that Dr. Christine Blasely Ford has accused Brett Kavanaugh of sexual assault.
  • The fact is the allegation is from 36 years ago.
  •  Her details about the party are fuzzy, but her details of the alleged assault are specific.
  • The fact is that Brett Kavanaugh has categorically denied the allegation.
  • The fact is that Brett Kavanaugh’s submission to his high school yearbook implies a conquest of women mentality.
  • The fact is that the other person named as being present, Mark Judge has categorically denied the allegation.
  • The fact is that Mark Judge wrote a book about his cavalier and brazen childhood that seems to corroborate the type of party that Dr. Ford describes.
  • The fact is that Brett Kavanaugh has admitted to underage drinking and partying. This has been dismissed by sympathetic media under the disclaimer of ‘everybody does it.’
  • The fact is that Dr. Ford told a therapist of the alleged assault years ago before Brett Kavanaugh was a Supreme Court nominee.
  • The fact is that the relative location of the party, as described by Dr. Ford, is not near the residences of either Dr. Ford or Judge Kavanaugh.
  • The fact is that Dr. Ford has taken a polygraph, administered by a former member of the FBI.
  • The fact is that Brett Kavanaugh has been screened by the FBI six times in his career.
  • The act is that there are at least 6 Levels of FBI background-checks and that not all background checks are equal.
  • The fact is that Dr. Christine Blasely Ford is a registered Democrat.
  • The fact is that Dr. Christine Blasely Ford has put her reputation, anonymity, and (to a degree) her career on the line.
  • The fact is that Judge Kavanaugh is still a U.S. Circuit Judge on the D.C. Circuit Court, regardless of the outcome of the U.S. Senate vote.
  • The fact is that, as Judge Kavanaugh stated today, no allegations were raised in her earlier and very public career.
  • The fact is that the appointment to the U.S. Supreme Court is unlike any other position with the exception of President of the United States.

Optics:

Factual optics

  • If I’m sympathetic to Dr. Ford, I came out of the hearing finding her believable and a sympathetic heroine.
  • I’m adverse to believing Dr. Ford; I came out of the hearing finding her gaps in recollection -of even things within the past two months, to be troubling.
  • If I’m sympathetic to Judge Kavanaugh, I came out of the hearing finding him believable and tragic hero.
  • I’m adverse to believing Judge Kavanaugh; I came out of the hearing finding his absolute denials to be, well just a bit too absolute considering the multiple circumstantial accusations.

Partisan Optics

  • If I’m sympathetic to Dr. Ford, I found the line of questioning by Rachel Mitchell to be a pathetic avoidance of responsibility by the 11 White Men of the Republican majority in the face of the Democratic minority which includes four women.
  • If I’m sympathetic to Judge Kavanaugh, I found the line of questioning by Rachel Mitchell to be an extension of incredible courtesy to a woman alleging sexual assault by a man.
  • If I’m sympathetic to Dr. Ford, I’m wondering why a prosecutor was brought in to ask questions, and I’m wondering why the same prosecutor didn’t question Judge Kavanaugh.
  • If I’m sympathetic to Judge Kavanaugh, I’m wondering why Senator Feinstein had information about Dr. Ford’s allegation and did not inform the full Judiciary Committee immediately.
  • If I’m sympathetic to Judge Kavanaugh, I thought his anecdote about his daughter’s prayers was moving. If I’m sympathetic to Dr. Ford, I believe that is an example of pathos, not ethos or logos.
  • If I’m sympathetic to Dr. Ford, I believe Kavanaugh’s point-by-point refutation of the allegations to Senator Kennedy at the end of the hearing like ‘lawyerese’ and a guilty man’s argument. If I’m sympathetic to Judge Kavanaugh, I thought his point by point response to Senator Kennedy was total and encompassing, sworn before God and Country.

Concluding facts:

The fact is that the appointment to the U.S. Supreme Court is unlike any other position with the exception of President of the United States.

  • Tom Eagleton was a successful US Senator, MO State Attorney-General, and Lt. Governor of MO, but when considered for to be the nominee for Vice President of the United States, his use of electrotherapy to combat depression became public, and he withdrew his nomination.
  • Zoe Baird was a successful lawyer, worked as Attorney-Advisor at the Office of Legal Counsel at the U.S. Department of Justice from 1979 to 1980 and was Associate Counsel to President of the United States Jimmy Carter from 1980 to 1981. Baird had very high profile positions, just as Kavanaugh had as a lawyer in the Ken Starr investigation and later Staff Secretary in the Bush White House. Yet, after being nominated to be US Attorney-General, it came out that Baird had hired illegal immigrants and failed to pay taxes.
  • President George W. Bush nominated well-known and highly regarded Bernard Kerik to become United States Secretary of Homeland Security, but Kerik withdrew from the nomination, after acknowledging that he had unknowingly hired an undocumented worker as a nanny and housekeeper.
  • No one accused U.S. Senator Tom Daschle of misconduct for his 18 years in the Senate, but after his nomination to be HHS Secretary in the Obama Administration, Daschle’s’ failure to report and pay income taxes accurately became known, and he withdrew his nomination.
  • And the list goes on and on… Kimba Wood, Bobby Ray Inman, Hershel W. Gober, Linda Chavez, Andrew Puzder, Ronny Jackson

The fact is that scandals break no matter how many times a candidate or nominee has already been vetted as the candidate or nominee is elevated higher and higher. The argument that Kavanaugh had already been vetted is not a reasonable argument.

I want to make it clear; in my Op-Ed in the Providence Journal July 26, 2018, I definitively stated that Kavanaugh was qualified to be confirmed as an Associate Justice of the United States Supreme Court. I firmly believe the President of the United States has the right to nominate his person to the Court. Barack Obama had that right, and Donald Trump has that right too.

At this point, however, there is too much of a cloud of suspicion. Kavanaugh ought not be confirmed to the Court at this point. Either a full deep FBI investigation should be authorized, and the vote on confirmation in committee and certainly on the floor of the Senate should be postponed, or the nomination should be withdrawn. I do not recall any accusations against Associate Justice Neil Gorsuch during his nomination process, and that seat would have changed the balance of power in the US Supreme Court. The argument that this is merely a smear campaign or Democrats seeking their pound of flesh is illogical. Is there a political angle to these events, absolutely, just as there was a political angle to the Senate Republicans block of the Merrick Garland nomination. Democratic partisanship does not necessarily mean that Brett Kavanaugh is innocent. The Democrats can be playing partisan games, and Judge Kavanaugh may be guilty of some wrongdoing; the two are not mutually exclusive. The Supreme Court is a privileged, not a right.

The Democratic strategy is not without risks; a different nominee might be another Samuel Alito, not a Harriet Miers. A withdrawal may be an ideological loss for the Republicans as well. A different nominee may be, ironically, another Anthony Kennedy and not a Robert Bork. As I concluded in my Op-Ed, “So, who is the real Brett Kavanaugh?” Well, after the confirmation hearings and today’s extended hearings, I’m not sure any objective person knows. I’m not sure we will ever know. Do we want doubts around another member of the Supreme Court? I’m not comfortable with another Clarence Thomas – Anita Hill situation. I’m not comfortable with 11 men pushing through the confirmation of a man, nominated by a man to fill the seat of a man. The optics and lingering doubts are too much for me, though I do believe that President Trump has the right to nominate a conservative to the Supreme Court of the United States.

 

A Return to Civility in SCOTUS Nominations is Long Overdue

(Photo: Public Domain, Library of Congress)

On this day, September 15, 1981, The Republican-led Senate Judiciary Committee unanimously approved Republican-nominated Sandra Day O’Connor to become the first female justice of the Supreme Court of the United States. A few days later, on September 21st, O’Connor was confirmed by the U.S. Senate with a vote of 99–0. (According to Rebecca Loew, Senator Max Baucus of Montana was absent from the vote, and sent O’Connor a copy of A River Runs Through It as an apology. O’Connor became the 102nd Associate Justice of the U.S. Supreme Court.)

Since then, eleven justices have been appointed to the U.S. Supreme Court, with a twelfth confirmation and appointment imminent: Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, RBG, Stephen Breyer, John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch.

103. The Republican-led Senate Judiciary Committee reported Republican-nominated Scalia unanimously out of committee. The full Senate debated Scalia’s nomination only briefly, confirming him 98–0 on September 17, 1986.

104. The Republican-led U.S. Senate confirmed Republican-nominated Kennedy on February 3, 1988, by a vote of 97 to 0. Absent from the vote were three Democrats: Paul Simon and Al Gore who were campaigning for the Democratic nomination for US President and Joe Biden who was sick.

105. In 1990, the Democrat-led Senate Judiciary Committee reported Republican-nominated Souter out the committee by a vote of 14–3, the Senate confirmed the nomination by a vote of 90–9.

106. In the 1991 Thomas’ confirmation process, the Democrat-led Judiciary Committee split 7–7 on September 27, sending the nomination to the full Senate without a recommendation. Republican-nominated Thomas was confirmed by a 52–48 vote by the Democrat-controlled US Senate on October 15, 1991, the narrowest margin for approval in more than a century. The final floor vote was: 41 Republicans and 11 Democrats voted to confirm while 46 Democrats and two Republicans voted to reject the nomination.

107. The Democrat-led United States Senate confirmed Democrat-nominated RBG by a 96 to 3 vote on August 3, 1993.

108. Democrat-nominated Breyer was confirmed by the Democrat-controlled US Senate on July 29, 1994, by an 87 to 9 vote.

109. On September 22, 2005, the Republican-controlled Senate Judiciary Committee approved Republican-nominated John Roberts’s nomination by a vote of 13–5, with Senators Ted Kennedy, Richard Durbin, Charles Schumer, Joe Biden and Dianne Feinstein casting the dissenting votes. Roberts was confirmed by the full Senate on September 29 by a margin of 78–22. All Republicans and the one Independent voted for Roberts; the Democrats split evenly, 22–22. Roberts was confirmed by what was, historically, a narrow margin for a Supreme Court justice. However, all subsequent confirmation votes have been even narrower.

110. In 2005, Republican-nominated Samuel Alito was reported out of the Republican-led Senate Judiciary Committee on a 10–8 party-line vote. After a failed filibuster attempt by MA Senator John Kerry, on January 31, the Senate confirmed Alito to the Supreme Court by a vote of 58–42, with four Democratic senators voting for confirmation and one Republican and an Independent voting against.

111. On July 28, 2009, the Democrat-led Senate Judiciary Committee approved Democrat-nominated Sotomayor; the 13–6 vote was almost entirely along party lines, with no Democrats opposing her and only one Republican supporting her. On August 6, 2009, Sotomayor was confirmed by the full Senate by a vote of 68–31. The vote was largely along party lines, with no Democrats opposing her and nine Republicans supporting her.

112. On July 20, 2010, the Democrat-led Senate Judiciary Committee voted 13–6 to recommend Kagan’s confirmation to the Democrat-led US Senate. On August 5th the full Senate confirmed her nomination by a vote of 63–37. The voting was largely on party lines, with five Republicans (Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Olympia Snowe) supporting her and one Democrat (Ben Nelson) opposing.

113. On April 3, 2017, the Senate Judiciary Committee approved the Republican-nominated Gorsuch nomination out of committee along a party-line vote of 11–9. On April 6, 2017, Senate Democrats filibustered the confirmation vote of Gorsuch, after which the Republicans invoked the so-called “nuclear option”, allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote. On April 7, 2017, the Republican-led US Senate confirmed Gorsuch’s nomination to the Supreme Court by a 54–45 vote, with three Democrats joining all the Republicans in attendance.

It is worth noting, that only from 2009–2011 in the 111th Congress did either party have a super-majority. In most other years, the U.S. Senate was split roughly 50-50, plus or minus two to 5 seats.

What has happened? We have increasingly politicized the Court, we have nominated more and more ideological candidates to the U.S. Supreme Court instead of nominating people, we’re nominating party. A return to civility in SCOTUS nominations is long overdue.

 

Brett Kavanagh

Brett Kavanagh: The sky is falling! It’s the end of the world!

Yup, if you read moderate to left-leaning publications and blogs, you’ve probably heard that it’s the end of times for the US Supreme Court. Oh, the other hand, conservative-leaning sources warn of and are already complaining about Democratic lawmakers pulling out all kinds of tricks… really? Because McConnell and the Republican-led Senate treated Merrick Garland and Barrack Obama fairly?

Please… I’m not sure how many so-called “tricks” there are anyway. This confirmation has always, since the moment Anthony Kennedy announced his retirement, been about John McCain, Susan Collins, Lisa Murkowski, and Joe Manchin, Heidi Heitkamp, and Joe Donnelly… it has never been about fair play or judicial qualifications. If it were, we wouldn’t even be having this conversation. Brett Kavanagh is a qualified as any member of the Supreme Court has been.

Kavanagh graduated from Yale Law School, served three clerkships, and been a Federal judge for 12 years. And those clerkships? One of them was with the very same Justice Anthony Kennedy that Democrats are bemoaning for retiring.

In fact, on June 1, 2006, Kavanagh was sworn in as a member of the DC Circuit Court of Appeals by Justice Anthony Kennedy. It seems to me that Kavanagh has the blessing of the very man celebrated for his decisions in gay rights cases and other 5-4 decisions.

Kennedy

But, at the same time, I think it’s also important to put Anthony Kennedy into historical perspective as we evaluate his potential successor. Yes, Kennedy voted with the majority in two cases quite dear to Democrats: Boumediene v. Bush and Obergefell v. Hodges. I dare say that Kennedy voted to maintain abortion rights in Planned Parenthood v. Casey too, though with increased limits. But Kennedy is no darling of causes liberal after all: Kennedy voted with the conservative on the Court in Boy Scouts of America v. Dale, District of Columbia v. Heller, and Kansas v. Marsh.

Judge Kavanagh

In terms of Kavanagh’s own judicial decisions, supporters and critics alike point to Garza v Hargan and have declared – Kavanagh’s going to ban abortion! Personally, however, I know that I would not have wanted to make that decision; it’s not the open and shut case that many seem to think.

Breaking new: Kavanagh has been pro-business, critical of environmental regulation, and a supporter of Christian religious rights… wow… its almost like he’s a conservative appointee? And yet, judges are not susceptible to demands of lobbyists and the whims of voters; twice Kavanagh sided with the government in cases involving the Affordable Care Act. In another case, he errored on religious latitude in Priests for Life v. U.S. Department of Health and Human Services.

Religion

Which brings us to Kavanagh’s religious affiliation and its role in judicial decision-making. Yes, it is worth discussing Kavanagh’s religion to a limited degree. Kavanagh is Roman Catholic and, as such, will maintain the Catholic majority of the US Supreme Court. Having said that, however, what does that even mean? The Catholic majority has not voted en bloc: the conservative Catholics have voted to support the death penalty, and the liberal Catholics have supported abortion-rights, so it seems to me that Kavanagh’s political ideology is more influential than his religion. If you do want to discuss his Catholicity more, it is worth noting that he is a volunteer tutor at Washington Jesuit Academy; the fact that Kavanagh volunteers his time, and with Jesuits, speaks more to me that his Mass attendance.

Mitch McConnell, Merrick Garland, Justin Kennedy, and Donald Trump

Politically, there is a lot that sticks about recent nominations to the US Supreme Court. From the refusal to call for a vote on Merrick Garland, to the elimination of the filibuster rule to favor Neil Gorsuch, McConnell personifies the hypocrisy and ‘Swamp’ of Washington, DC. But that’s not Kavanagh’s fault; he played the game and worked his way up to be in consideration for a nomination, just as liberal lawyers and judges have done as well.

Should we mention the end of the apolitical court and Bush v. Gore? Kennedy voted with the supposed States’ Rights conservatives to assert Federal authority over the Florida ballot counting at the same time that the pro-Federal Democrats on the Court voted to support States’ Rights. The veil of judicial independence had finally been lifted.

Even worse, the recent revelations about family connections between Anthony Kennedy and Donald Trump are disappointing, nauseating, and potentially unethical. But that has nothing to do with Brett Kavanagh.

I think we owe it to Brett Kavanagh, and more importantly to ourselves, to judge Kavanagh with the Golden Rule, not by McConnell’s Rules.

Which brings me to my second to last points: the art of predicting SCOTUS voting.

Nominations to the US Supreme Court

When I think about the history of Supreme Court nominations, I think of Harriet Myers; I think we can all agree Kavanagh is more qualified and his nomination (Kennedy-Trump connections aside) less nepotistic than a president nominating a member of his staff.

If you want qualified, has there ever been a more qualified nominee than Judge Robert Bork? Yet being qualified wasn’t the issue, it was his well-documented history of judicial decisions. As a result, presidents of both parties have nominated younger, less documented judges ever since; so, it would be hypocritical to criticize Kavanagh for his judicially-speaking nascent age of 53.

But most of all, when I think about nominations to the US Supreme Court, I think of Earl Warren. Nominated by Republican US President Dwight D. Eisenhower, Warren, when lifted from the confinement of political accountability, Warren became the most liberal Chief Justice in history. I also think of Sandra Day O’Connor and how disappointed Reagan and the conservatives were with her voting record… but more recently, I think of the make-up nomination to Judge Bork, Douglas Ginsburg. Can you believe we almost had a member of the Supreme Court who smoked marijuana?!!?! Thank goodness, Ginsburg withdrew his nomination… after all, could you imagine two Ginsburgs on the same Court? So, President Ronald Reagan settled on a Circuit Judge with exactly 12 years of experience to be his reliable conservative. That Associate Justice, of course, was Anthony Kennedy.

Chief Justice John Roberts

Finally, there is the nature of the Court and the leadership style of Chief Justice John Roberts. Supreme Court Justices do not make isolated decisions in a vacuum. The Nine meet privately and reflect upon each case, circulating draft decisions for discussion. Roberts, in particular even among other Chief Justices, is acutely aware of the partisan poison in American and has worked hard to build 7+, 8+, and even unanimous decisions. Look no further than Masterpiece Cake v CCRC. In the room of consensus, Kavanagh is just one voice. Yes, he is a conservative voice, but the deliberative and congenial nature of the Court lends itself to being caretakers of the Constitution, not Lone Ranger Constitutional cowboys.

Conclusion

Brett Kavanagh has said the right things. In 2006, Kavanagh told the US Senate, “I firmly disagree with the notion that there are Republican judges and [Democratic] judges,” he said. “There is one kind of judge. There is an independent judge under our Constitution.”

Like Roberts, Kavanaugh seems to give broad consideration to executive authority and unitary executive theory; yet Kavanagh has also worked for the Independent Council’s Office and wrote sections of the Starr Report that criticized President Bill Clinton and, ultimately, was used as an instrument to impeach Clinton.

So, who is the real Brett Kavanagh? I think we’ll have to wait until he’s actually been confirmed and begins to make his mark. Ultimately, we won’t really know until he’s been on the court for 30 years like his old boss, Anthony Kennedy.

Religion v Speech ~ June 4th

Freedom of Religion versus Freedom of Speech

The tyranny of the Majority versus The Tyranny of the Minority

On this day, June 4, 1738, George III (June 4, 1738 – January 29, 1820) was born in Norfolk House, St. James’s Square, London, England, Kingdom of Great Britain.

In 1791, George begrudgingly assented to the Roman Catholic Relief Act. The Act relieved Roman Catholics of certain political, educational, and economic disabilities. It admitted Catholics to the practice of law, permitted the legal practice of Catholicism, and the existence of Catholic schools. (On the other hand, there were continued restrictions as well: chapels, schools, officiating priests, and school teachers had to be registered with the government. Assemblies with locked doors, as well as steeples and bells to chapels, were forbidden. Catholic priests could not wear clerical robes or offer Mass in the open air; Protestant children could not be admitted to Catholic schools. Monastic orders and endowments for Catholic schools and colleges were prohibited.)

The Tory Leader, William Pitt the Younger, as well as the rival Whig Leader, Charles James Fox, had pledged full Catholic Emancipation. Amazingly, however, King George III argued that full freedom for Catholics would be a violation of his coronation oath.

It wasn’t until 1766 that true Catholic Emancipation did not occur until the Roman Catholic Relief Act 1829. To overcome the vehement opposition of both the House of Lords and King George IV, the Duke of Wellington worked tirelessly to ensure passage in the House of Lords and threatened to resign as Prime Minister if the King did not give Royal Assent.

~~~

On June 4, 1870, Maria Elizabeth Hesselblad was born. Hesselblad worked tirelessly at inter-religious dialogue, and against racism. During World War II – and after – she performed many charitable works on behalf of the poor and those that suffered due to racial laws and promoted peace between Christians and non-Christians. The war also saw her save the lives of Jewish people who would have otherwise have perished in the Holocaust had it not been for her direct intervention. Pope John Paul II beatified her on April 9, 2000, and Pope Francis approved her canonization in late 2015. Hesselblad is also recognized as a Righteous Among the Nations due to her efforts in World War II saving the lives of Jewish people during the Holocaust.

~~~

On this day, June 4, 1989, the Tiananmen Square Massacre occurred in response to the pro-democracy demonstrations. At the heart of these demonstrations was the lack of freedom in China… no freedom of religion, no freedom of speech, and -certainly on June 4th– no freedom of assembly or petition of grievances.

~~~

And today, June 4, 2018, the US Supreme Court announced its decision in Masterpiece Cake v CCRC. Personally, I’m glad I didn’t have to write that decision. I don’t think it’s as simple as either of the two sides think that it is. I think the decision was basically a loud statement of shut up go to your corners and act like adults

As my friend David Stacy said, its perhaps “one of the most intelligent decisions they’ve written in some time… What I think is so brilliant about it is that it’s allowing for a better conversation. SCOTUS set the standard for how government officials treat religious individuals and cases of religious expression outside of the clergy. The fallout will be interesting, for sure.”

I sure hope Dave is correct. but I am nervous about the fact that there were three different concurring opinions. That kind of tells me that they couldn’t agree among themselves, and that’s why they made a narrow decision, not for their altruistic and brilliant reasons that David is hoping for.

Where is that line between religion and speech?

  • Would we expect a Muslim cakemaker to put an image of the Prophet Mohammed on a cake? Would a Jewish cakemaker have to create a cake with a swastika on it? Would a Catholic cakemaker have to make a cake with the image of a pope or priest as a pedophile or with condoms?
  • On the other hand, would we be comfortable with a cakemaker denying to make a cake for a mixed-race wedding? Or a cake for a marriage between persons of obvious age discrepancy?

What right does a service provider have to limit their services? What right does society have to force services from unwilling service providers? I sure don’t know…

I also think, but I’m not sure how this would be worded in a judicial decision, that there is an issue of access. I’ve heard this issue come up in abortion/women’s reproduction cases. In Whole Woman’s Health v. Hellerstedt (2016), the Court held that if legislation is crafted in such a way that the access to abortion clinics is essentially eliminated, then that is unconstitutional. So, to a degree, as long as there are fair alternatives to Masterpiece Cake, then the Court perhaps should lean toward protecting the religious freedom of the business owner, however, if there was not a fair alternative, then the Court ought to lean toward protecting the rights of the customer.

~~~

Regardless, and as I said to David Stacy earlier today is that, personally, I’m glad I didn’t have to write that decision. I also don’t think it’s as simple as it might seem prima facie. Personally, I think the decision was basically a loud statement of shut up go to your corners and act like adults…

U.S. Supreme Court Multiple Choice:

A) Bush has decided to make his nomination of Harriet Miers based on his personal relationship, than on any judicial reckoning. This is acceptable on face-value, but does hint at cronyism.

B) Although Miers has a nearly non-existent paper trail, Bush knows something that “we” don’t and is daring Democrats to vote against her in much the same way as his father dared Senate Democrats to vote against Clarence Thomas. This may seem plausible, but one wonders if Bush was “pulling a Thomas,” then why didn’t he nominate a Hispanic-American and thereby make a Presidential First instead of a Presidential Third?

C) Bush has “blinked” in a Constitutional showdown. Bush, realizing his evaporating political capital, has decided to offer a moderate nominee who will more easily sail through confirmation and, thereby avoid the filibuster threat. In the spring, Bush may have prevailed politically and personally, but with the myriad of recent events and while Bush could have prevailed in the Senate, he would have sacrificed any political capital for the remainder of his term. Unfortunately, in “blinking” to the Democrats, Bush has agitated his most loyal political base who will feel betrayed that the nominee is not a Renquist-Scalia-Thomas clone.

And the answer is? We should know in fifteen years or so…

The Democratic Spin: The Democrats should applaud Miers as much as possible, making her out to be their choice all along. This gives them increased stature and will surely exasperate the conservatives’ sense of betrayal.

The Republican Spin: The White House and Republican allies should offer Miers up as an example of fulfilling the campaign promises of bringing people together and changing the culture of Washington.

Catholic Conspiracy?

Ahh, the Church leaders are obviously involved in a DaVinci-Codish conspiracy of Constitutional proportions… Why else would they be silent on the Catholicity (or lack their of) of Justices Antonin Scalia, Clarence Thomas, and Anthony Kennedy? After the inevitable confirmation of John Roberts, there will be four Catholics on the U.S. Supreme Court. One more and they can of course, overturn Roe v. Wade. That could be the only reason for the American Catholic bishops to attack Catholic Democrats and give a free pass to Republican Catholics that are pro-death penalty, pro-torture, anti-civil, and anti-equal rights.