September 12, 2018

Kavanaugh

“President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court is now in the hands of the U.S. Senate, where the likelihood of a party-line vote to confirm him was not much reduced last week by his multi-day confirmation hearing." Reuters

See past issues

From the Left

The left continues to point out Kavanaugh’s pro-corporate and anti-women’s reproductive rights stances.

“These judges, who aspire to be strict constructionists, continue to find special privileges for big businesses... Judge Kavanaugh’s judicial opinions – on power plant pollution, the consumer financial protection bureau, net neutrality, food safety, and worker rights – fit right into this new pro-corporate judicial philosophy… [and] could permanently tilt the balance of power in favor of this country’s most powerful ‘people’ – corporations."

Sun-Sentinel

“Protesters have claimed for many years that if Roe v. Wade is overturned, women will die. It’s a fair prediction; women died before Roe, and where abortion is illegal, unsafe abortion leads to maternal death. In the past, however, Roe has been saved. Should Kavanaugh be confirmed, it will either fall or be eviscerated."

New York Times

Counterpoints:

“We won’t know how Kavanaugh will decide on abortion, affirmative action or myriad other issues until he’s sitting on the nation’s highest bench... Many who became Supreme Court justices had reputations that would chill spines if nominated today. Hugo Black, who as a young politician in Alabama was a Ku Klux Klan member, voted with the majority in Brown to end segregation. Kavanaugh may rise to the occasion as well.”

Houston Chronicle

According to Bret Stephens, “the G.O.P.’s refusal to consider Judge Garland’s nomination was a disgrace. No argument from me there. Although I would point out that the hyper-politicization of these confirmation hearings began in 1987 with the disgraceful Democratic mistreatment of Robert Bork, the Reagan nominee who should have been confirmed."

New York Times

The political calendar and Trump's approach could give grounds for optimism. Kim, who has presided over a limited form of economic development inside North Korea, is under pressure to deliver improvements in the lives of his people… So he has an incentive to try to seek economic benefits or aid from the United States and wants punishing economic sanctions lifted — a potential opening for US negotiators… Kim must realize that his chances of basking in this kind of legitimacy with a US President other than Trump are slim. So if he fears Trump could lose in 2020, he may reason the time may be ripe for a deal. And Trump wants nothing more than a big diplomatic breakthrough months before the election.”
Stephen Collinson, CNN

Regarding the Cadillac tax, “high-premium employer-based plans raise the cost of health care for everyone by encouraging the overconsumption of expensive services. This means that even Medicare and Medicaid face higher prices. Quite aside from its benefits for the health-care market, the Cadillac tax would also have the effect of expanding the tax base and making the tax code more efficient. It would raise revenues by about $15 billion a year… Rather than killing or delaying the Cadillac tax, Democrats should be trying to make it operational. The tax would raise revenue, lower costs, increase the efficiency of the tax code and give the Obamacare individual market its best chance at success.”
Karl W. Smith, Bloomberg

“The two issues with which he is most often associated, support for a balanced budget and opposition to free trade, put him at odds with both of our major political parties. An old-fashioned, soft-spoken Southerner, he nevertheless held views on so-called ‘social issues’ that would be to the left of the mainstream of the Republican Party, both then and now. He was a fervent supporter of the Vietnam POW/MIA movement in the late '80s and early '90s, but he was not in any sense a hawk. Never mind 2003. Perot opposed the first war in Iraq in 1990… Perot's death should be mourned by all Americans who regret the fact that it is no longer possible to make reasoned, non-ideological arguments about questions of public import, and by the devolution of our political life into mindless partisan squabbling.”
Matthew Walther, The Week

From the Right

The right praises Kavanaugh while condemning Democrats’ tactics during the hearings.

From the Right

The right praises Kavanaugh while condemning Democrats’ tactics during the hearings.

“In a time when the idea that the Constitution is a ‘living, breathing document’ is taken seriously, a judge willing to so forthrightly declare that it is not the job of an unelected branch of government to set policy, no matter its members personal feelings about the propriety of such policy, is both refreshing and consistent with the finest judicial traditions of this great country."

Naples Daily News

“This week's confirmation hearings were [a] joke: a pointless, partisan spectacle, that only rarely touched on the man destined for the robe and the pension-less job. And we're all worse for it."

  • “The online Left erupted with claims that former Kavanaugh clerk Zina Bash had flashed a white-power symbol during the hearing. It turns out that Bash is a Mexican-American immigrant with a Jewish father, a descendant of Holocaust survivors. So, no, she’s not a white nationalist.” (National Review)
  • Sen. Cory Booker’s “Super Secret ‘racial bias’ memosrevealed that Judge Kavanaugh had much the same position on the use of racial profiling in law enforcement in the wake of the September 11 terrorist attacks as, well, Cory Booker.” (Daily Wire)

“It’s sad that this is news to some, but people of good faith and high character can and do come to competing conclusions about originalism, abortion, gun control, and religious liberty.”

National Review

Regarding his candidacy overall, “There’s a lot of conventional wisdom in Washington that the early front-runner always loses. And that’s true except when it isn’t… in 1999, George W. Bush dominated the polls and, except for a brief scare from Senator John McCain in the New Hampshire primary, essentially cruised to victory. A key part of Bush’s early success, not just in polls but in fundraising, stemmed from the fact that he was promising a Bush restoration…

“He was offering a referendum on the incumbent president and the scandals and partisanship that defined the end of his administration. He vowed to restore ‘honor and dignity to the Oval Office’ and to be a ‘uniter not a divider.’ The very different context notwithstanding, this is pretty much Biden’s campaign message. The ideological, activist, and Twitter-obsessed base of the Democratic party may not like Biden’s pitch. But it sure looks like rank-and-file Democrats do.”
Jonah Goldberg, National Review

“Not only did [Trump] attack the ‘squad,’ he managed to do it in a way in which no other prominent Democrat can continue to criticize them publicly, lest they be perceived as echoing the president’s contention that they should go back where they came from. At the exact moment the accusations and counter-accusations were set to do lasting damage, Trump just had to jump in and give them an attack that would unify them all. It often seems like Trump would rather have a bad news cycle that focuses on him than a beneficial news cycle that focuses on someone else… Everyone around the president can read a poll and knows that his rage-tweeting is a liability; it is perhaps the biggest liability in a presidency that, with prosperity and a perception of peace, ought to be comfortably cruising to reelection.”
Jim Geraghty, National Review

“If Joe Biden can win his way through the primaries, he’s almost lab-engineered to beat Trump. He doesn’t cause Republican panic, he has the potential to connect with white working-class voters in a way that Hillary couldn’t in 2016, and he has a potential to connect better with black voters than Hillary did… if Biden emerges from [this] crucible, Trump will face a very different challenge than he faced in 2016.”
David French, National Review

“NBC and MSNBC embraced Sen. Elizabeth Warren of Massachusetts in the first debate of Democratic presidential candidates Wednesday night, treating her like the star of the show. The debate led off with Warren, who had a huge popularity advantage from the start… NBC anchor Savannah Guthrie started it off sounding more like Warren’s press secretary. ‘You have many plans – free college, free child care, government health care, cancelation of student debt, new taxes, new regulations, the breakup of major corporations,’ Guthrie said, before teeing up an economy question. Guthrie even used Warren’s plan to break up tech companies as the foundation for a question for Sen. Cory Booker of New Jersey… the round-robin final comments also ended with Warren, as Maddow asked her for the ‘final, final statement.’ That let NBC bookend the entire debate with Warren and Warren.”
Dan Gainor, Fox News

President Trump should be happy. As much as Warren is articulate, obviously intelligent, and energetically supported by Democrats, she would also be far easier to defeat than Joe Biden… Considering Trump's economy, the president is well placed to defeat Warren.”
Tom Rogan, Washington Examiner

A libertarian's take

“The fans who avidly followed the men’s tournament certainly weren’t doing anything wrong. And it’s hard to argue that each of them had a moral obligation to be exactly as interested in women’s soccer. Even if we could stop them from watching the men more than the women, should we?…

“It’s tempting to answer that the fan choices aren’t innocent, they’re sexist. But since we can’t peek into their hearts, to say that definitively, we’d have to assume that men’s greater speed, strength and endurance definitely make nodifference to the sport’s quality. Fair enough, but then why do fans prefer to watch Megan Rapinoe play instead of the sedentary elderly who could presumably use some exercise? Alternatively, maybe pay should be equalized precisely because biology is unfair. But that seems to be an argument for curbing the pay of all top-level athletes, who have to hit the genetic lottery just to get on the field. It might be easier to focus on the distributions across society at large, rather than every individual industry, especially when fundamental biology is in play.”
Megan McArdle, Washington Post

On the bright side...

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