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posted by takyon on Saturday October 06 2018, @08:10PM   Printer-friendly
from the let-'er-rip dept.

Brett Kavanaugh has been confirmed as an Associate Justice of the Supreme Court of the United States. The vote was 50-48 in favor of Kavanaugh.

Senators Collins, Flake, and Manchin had already announced their intentions to confirm Kavanaugh before the vote was held. Senator Lisa Murkowski, who was previously ready to vote "no", agreed to vote "present" instead so that Senator Steve Daines could attend his daughter's wedding instead of being present in the Senate to support Kavanaugh.

SCOTUSBlog: Kavanaugh confirmed as 114th justice
Nomination of Brett Kavanaugh to the Supreme Court

Previously: SCOTUS's Justice Anthony Kennedy to Retire
President Trump Nominates Judge Brett Kavanaugh to the US Supreme Court
Trump's Supreme Court Pick: ISPs Have 1st Amendment Right to Block Websites

 
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  • (Score: 0) by Anonymous Coward on Saturday October 06 2018, @08:41PM (13 children)

    by Anonymous Coward on Saturday October 06 2018, @08:41PM (#745155)

    Sooo much wrong, that, like, I can't even think of one specific thing to point out. Schumer, is that you?

  • (Score: 1, Touché) by Anonymous Coward on Saturday October 06 2018, @08:47PM

    by Anonymous Coward on Saturday October 06 2018, @08:47PM (#745160)

    Yes. We shouldn't look for solutions outside of the uniparty. Instead we should just hope for change. Staying home and not voting is probably the best strategy to effect that change. I'm sure that will cause them to see the error of their ways.

  • (Score: 1, Insightful) by Anonymous Coward on Saturday October 06 2018, @09:33PM (11 children)

    by Anonymous Coward on Saturday October 06 2018, @09:33PM (#745184)

    We'll have to wait until Monday to get WSWS' reporting of the confirmation. In the meantime, Supreme Court nominee Brett Kavanaugh clears crucial hurdle to confirmation [wsws.org]:

    With Kavanaugh on the court, the composition of the body will reflect the domination of the financial oligarchy over the political process like never before. Four of the nine justices will have been nominated by presidents who lost the popular vote (George W. Bush and Donald Trump). Including the two nominated by Clinton, six of the justices will have been nominated by presidents who received less than 50 percent of votes.

    The Democratic Party opposed Kavanaugh not because of his political record as a supporter of torture, deportation, war and attacks on the rights of the working class, but based on uncorroborated, 36-year-old allegations of sexual assault that became the sole focus of the confirmation process.

    The right-wing character of the Democratic Party’s opposition to Kavanaugh was hinted at by Republican Senator Susan Collins, who spoke from the Senate floor Friday afternoon to defend her decision to vote for Kavanaugh. At the appellate level, Collins said, Kavanaugh had a voting record similar to that of Merrick Garland, whom Barack Obama and the Democratic Party attempted to elevate to the Supreme Court in 2016. Garland’s nomination was blocked by the Republicans.

    Garland and Kavanaugh served together on the Court of Appeals for the District of Columbia, Collins explained, and voted together in 93 percent of cases. They joined one another’s opinions 96 percent of the time. From 2006, one of the two judges dissented from an opinion written by the other only once.

    There is a possibility, however, that the Democrats’ strategy could backfire, especially in swing Senate races. Polls published in the last several days show that Republican voters are far more energized than they were before the Democrats attempted to block Kavanaugh’s nomination on the basis of largely uncorroborated sexual assault allegations.

    Polls show increasing disdain for the government and increasing support for socialism, especially among young people. To confront this growing opposition to capitalism, the ruling class has installed a Supreme Court that will protect its privileged position and facilitate state repression by rubber-stamping surveillance, censorship, xenophobic attacks on immigrants and the buildup of the police powers of the state.

    • (Score: 5, Insightful) by Snotnose on Sunday October 07 2018, @12:51AM (9 children)

      by Snotnose (1623) on Sunday October 07 2018, @12:51AM (#745285)

      With Kavanaugh on the court, the composition of the body will reflect the domination of the financial oligarchy over the political process like never before. Four of the nine justices will have been nominated by presidents who lost the popular vote (George W. Bush and Donald Trump). Including the two nominated by Clinton, six of the justices will have been nominated by presidents who received less than 50 percent of votes.

      I'm so fucking sick of this shit spewed by assholes who don't understand the system. We have an electoral college. Candidates know this and base their entire campaign on getting electoral votes, not popular votes.

      Guess what? If you change it so the popular vote wins then candidates will change their strategy. Then you'll hear people whining that the cities are taking over the country, ignoring the rural voters.

      If you don't like it then work on changing the system. But for $diety's sake quit bitching when the system works like it was designed to.

      --
      My ducks are not in a row. I don't know where some of them are, and I'm pretty sure one of them is a turkey.
      • (Score: 3, Informative) by Anonymous Coward on Sunday October 07 2018, @01:22AM (5 children)

        by Anonymous Coward on Sunday October 07 2018, @01:22AM (#745296)

        Then you'll hear people whining that the cities are taking over the country, ignoring the rural voters.

        No, you won't. That already happens*, and you don't hear people whining about it. Not necessarily because rural people don't whine+, but because the voices that get heard are all urban, even the ones that claim to identify with rural values in order to exploit rural people (e.g. Republican party, Fox News).

        *Consider the state laws the rural people of southern Illinois or upstate New York suffer under. Even states without a megapolis are often politically dominated by their two or three largest cities, and rural people often have to put up with (or ignore) laws that could only make sense to a city slicker.
        +We don't whine; we air our well-justified grievances. Only a city slicker would accuse us of whining.

        • (Score: 2) by Snotnose on Sunday October 07 2018, @02:56AM

          by Snotnose (1623) on Sunday October 07 2018, @02:56AM (#745338)

          And you completely miss my point. With or without the electoral college, and I'm not gonna argue either way, there will be winners and losers. As it is you can win the election without the majority of the popular vote. Don't like it? Work to change it.

          --
          My ducks are not in a row. I don't know where some of them are, and I'm pretty sure one of them is a turkey.
        • (Score: 5, Interesting) by Snotnose on Sunday October 07 2018, @03:01AM (2 children)

          by Snotnose (1623) on Sunday October 07 2018, @03:01AM (#745339)

          You completely miss my point. With or without the electoral college, and I'm not gonna argue that one either way, there will be winners and losers. Don't like it? Change it. But quit bitching that more people voted for the other guy, cuz it's irrelevant.

          Me? I think unless you have the money to "donate" tens or hundreds of thousands of $$$ then your voice really doesn't matter. The 1%ers have figured out how to slice and dice the voters, and they screw the average person over in every election.

          IMHO, more effective than changing the electoral college is getting the big money out of politics. I'm more likely to vote for a candidate that gets a thousand $10 donations than I am one who gets 10 $1000 donations. I don't care where they stand on the issues, it means they haven't yet drunk the kool aid.

          --
          My ducks are not in a row. I don't know where some of them are, and I'm pretty sure one of them is a turkey.
          • (Score: 2) by Snotnose on Sunday October 07 2018, @03:20AM

            by Snotnose (1623) on Sunday October 07 2018, @03:20AM (#745345)

            That's odd. I was composing my post and got email. Read it and went back to my post. Now I see my half formed post got posted a few minutes before my final draft.

            Whatever, I've been sick for a couple days and I probably fucked up somewhere.

            --
            My ducks are not in a row. I don't know where some of them are, and I'm pretty sure one of them is a turkey.
          • (Score: 0) by Anonymous Coward on Sunday October 07 2018, @03:23AM

            by Anonymous Coward on Sunday October 07 2018, @03:23AM (#745346)

            Wolf-PAC [wikipedia.org] is still a thing [wolf-pac.com].

        • (Score: 2) by termigator on Sunday October 07 2018, @06:21PM

          by termigator (4271) on Sunday October 07 2018, @06:21PM (#745573)
      • (Score: 0) by Anonymous Coward on Sunday October 07 2018, @03:33PM (1 child)

        by Anonymous Coward on Sunday October 07 2018, @03:33PM (#745514)

        Cities should take over that's where most of the people live these days.

        I hear the same whining currently here in WA about how their votes don't count for state races. Their votes do count, it's just that they keep supporting GOP candidates that can't possibly win.

        The electoral college is inherently anti-democratic. As it stands, you basically don't see Presidential candidates coming to states like California or Washington very often, if ever, because they don't feel the need to earn our votes. They do show up in armpit states like Florida and Ohio regularly because the margin is much tighter.

        Fuck you for trying to pretend like this is a good thing. We shouldn't have a system where a small number of votes in specific areas can decide the entire election. Especially since certain states like Ohio have notoriously unreliable systems in place where in a single election they had hundreds of thousands of votes get weird.

        • (Score: 1, Interesting) by Anonymous Coward on Sunday October 07 2018, @04:08PM

          by Anonymous Coward on Sunday October 07 2018, @04:08PM (#745541)

          The way I see it, the problem as concerns the electoral college is that the federal government has become very powerful. Whether that's a problem in general is beyond the scope of this comment. The electoral college is meant to elect the president of a limited federal government in a system where states' rights matter.

          It wasn't set up envisioning, for example, that an income tax would be passed and then a federal government would play games with DOT funding (note: the creation of post roads, at least, is one of the enumerated powers of congress) and welfare funding (we really should have had an amendment for this... personally I think we need it but the proper process should have been followed). In general, congress has grown far beyond its enumerated powers, and the Ninth and Tenth Amendments are all but forgotten. For example, the Ninth Amendment came up for Roe v. Wade, but the decision was ultimately based on a right to privacy affirmed by the due process clause of the Fourteenth Amendment.

          Then there are other abuses such as the interstate commerce clause being used to justify federal prohibitions such as the Controlled Substance Act, in spite of the fact that there was already precedent with the prohibition of alcohol requiring an amendment. I suppose we shall see if the interstate commerce clause can be used to violate the will of voters in states that have legalized cannabis, and it's likely that with Kavanaugh's confirmation that SCOTUS could very well rule that the sale of cannabis products produced entirely within a state where it is legal somehow constitutes interstate commerce.

          My point is that if we are to have a strong federal government and if the Ninth and Tenth Amendments are to be completely ignored, then we should do away with the electoral college. If the federal government has a powerful influence on the lives on the people, then the people must have a more direct say. On the other hand, if we were to somehow reign in the federal government, then it would make sense to keep the college and also repeal the Seventeenth Amendment. In that scenario, the federal government could go back to concerning itself only with diplomatic matters and matters concerning the several states.

      • (Score: 0) by Anonymous Coward on Monday October 08 2018, @07:30AM

        by Anonymous Coward on Monday October 08 2018, @07:30AM (#745849)

        The Democrats and their supporters are just sore losers and are still trying to blame everyone for their losses.

        They didn't complain when a BLACK guy WON TWICE with about the same crappy electoral college and about the same racist voters.

        They want to change stuff so they don't have to provide much better candidates and instead can win with candidates that couldn't even beat Trump!

        They're still blaming Facebook for their loss when the FACT was most of Facebook was against Trump. https://gizmodo.com/facebook-employees-asked-mark-zuckerberg-if-they-should-1771012990 [gizmodo.com]

        If Facebook helped it's more like Facebook was a neutral (or even anti Trump biased) tool and the Republicans used/abused Facebook better than the Democrats.

        It's likely that many voters wanted a change - and the problem was Clinton wouldn't have delivered change but just "more of the same" (a slow suffocation for them). Trump would have been something different. And has proven to be different so far. Different bad, but different nonetheless. And he's even delivering some of what they want (just because we don't want the same things as those voters doesn't mean Trump will lose and not get reelected).

        In contrast what are the Democrats bringing to the table to win the next election? More fingerpointing and whining?

    • (Score: 0) by Anonymous Coward on Monday October 08 2018, @12:50PM

      by Anonymous Coward on Monday October 08 2018, @12:50PM (#745933)

      And here it is, for anybody reading the archived discussion (or still watching the row between two of our more passionate regulars down there). US Senate elevates right-wing judge Brett Kavanaugh to Supreme Court [wsws.org]. First we begin with a summary of the status of the court, which I will place in a spoiler section:

      Kavanaugh will take his seat on the high court when it resumes work Monday, shifting the nine-member body even further to the right. With his elevation, there is a solid bloc of five extreme right justices—Roberts, Kavanaugh, Clarence Thomas, Samuel Alito and Neil Gorsuch, President Donald Trump’s first nominee. All five were named by Republican presidents.

      The four-member minority of conservative-to-moderate liberals consists of Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, all named by Democratic presidents. For the first time in modern US history, there will be no “swing” justice who oscillates to some extent between the two main factions.

      The seat now occupied by Kavanaugh was held from 1971 to 1987 by Lewis Powell, a conservative pro-business jurist who voted with the majority in Roe v. Wade. It was then held from 1989 to 2018 by Anthony Kennedy, another pro-business conservative who wrote several key gay rights decisions and supported abortion rights. Kavanaugh, equally right-wing on corporate interests and police powers, is an ultra-conservative Catholic who upholds Church doctrine on both abortion and gay rights.

      Besides being predisposed to provide the fifth vote to reverse the Roe v. Wade decision and the Obergefell decision on gay marriage, Kavanaugh compiled a far-right record as an appeals court judge on such issues as police violence, government spying on the American people, executive authority versus the legislative and judicial branches, and democratic rights in general.

      In one of his most notorious opinions, he backed the efforts of the Trump administration to deny an abortion to an undocumented teenager being held by the immigration authorities. The young girl, who had been raped, was able to obtain an abortion only because Kavanaugh was in the minority on a three-judge appeals court panel, and the young woman terminated her pregnancy before the Supreme Court overturned the lower court ruling.

      Kavanaugh is a rabid Republican Party loyalist going back to his days as a top attorney in the Kenneth Starr investigation, which witch-hunted President Bill Clinton for a consensual sexual relationship and laid the basis for his impeachment by the Republican-controlled House of Representatives. Clinton was subsequently acquitted in a Senate trial.

      The future Supreme Court justice joined another right-wing legal hit squad that was more successful—the team of lawyers who successfully appealed to the US Supreme Court to block the counting of votes in Florida after the 2000 presidential election, handing the state’s electoral votes and the presidency to Republican George W. Bush, who had lost the popular vote.

      Kavanaugh was rewarded with a top job in the Bush White House, where he played a role in the drafting of legal permission for the CIA to torture detainees at secret overseas prisons, including Guantanamo Bay. Bush later nominated him to the US Circuit Court of Appeals for the District of Columbia, the second-highest federal court, which he joined in 2006.

      The margin of Kavanaugh’s confirmation, 50-48, was the narrowest for any Supreme Court justice in 137 years. Four of the five members of the right-wing bloc on the court have the four lowest total votes for Senate confirmation in modern history: Kavanaugh with 50, the bare minimum, Thomas with 52, Gorsuch with 54 and Alito with 58.

      So anyway, on with the Trotskyist analysis, which shares many of the themes that came out in the discussion below, including the spectre of civil war:

      Perhaps the low point [of the final Senate debate] came at 4 a.m. Saturday morning, when Democrat Jeff Merkley of Oregon devoted two hours to reading out the testimonies of more than 30 rape and sexual assault victims, none of them victims of Kavanaugh.

      The Democrats’ single-minded focus on the unproven sexual assault allegations allowed Republican senators to posture as defenders of democratic principles such as the presumption of innocence, even though they regularly trample on them when it comes to immigrants, refugees, victims of police violence or anyone caught up in the dragnet of the US “war on terror.”

      Senate Majority Leader Mitch McConnell... described the two Supreme Court justices and 26 federal appeals court judges nominated by Trump and confirmed by the Senate as “the most important contribution we have made to the country that will last the longest.”

      The leading pro-Democratic Party newspaper, the New York Times, suggested in its editorial that it would have readily backed a justice just as right-wing as Kavanaugh, if only without the sexual assault allegations, declaring regretfully, “while Mr. Trump had plenty of qualified, highly conservative lawyers to pick among, he chose to insist on Judge Kavanaugh.”

      Longtime ultra-right pundit William Bennett—secretary of education in the Reagan administration—compared the current divisions in the United States to those in the period leading up to the Civil War. He told the Washington Post, “This is the second most divided time in our history, and I’m worried about the legitimacy of the court.”

      What concerns spokesmen of all factions of the US ruling elite is that the Supreme Court is one of the pillars of class rule in the United States, long the bastion of the defense of property, wealth and the power of the military-intelligence apparatus against popular opposition....

      Their concern is that the working class increasingly regards the Supreme Court, like Congress, the presidency, Wall Street and the corporations as a whole, as illegitimate and anti-democratic, part of a political and economic system rigged to protect the interests of the super-rich.