Men like Bill Barr, Mike Pompeo, Mike Pence, Brett “Boof” Kavanaugh, are obvious and proud partisans. Their every action is in service of predictably advancing a political agenda. By predictably I mean that you can forecast how they will respond, based on the desired political outcome. Trump wants to hold up a Bible in front of a church during peaceful protests? Bill Barr will justify the use of police violence to deprive that crowd of its First Amendment right peaceably to assemble, blame violent Antifa and antifa-like leftists (without a shred of proof found by the FBI) for trying to deny the president the opportunity to make himself look like a follower of Christ. Thankfully these men will be gone as soon as Trump is out of office. Not so for the almost two hundred carefully vetted right-wing partisans he has appointed to lifetime posts on the federal judiciary. Not so for Boof Kavanaugh, poisonous partisan.
Here, in a beautiful moment of false optimism, we have “non-partisan” Senator Susan Collins explaining her partisan vote for the most divisive and nakedly partisan Supreme Court nominee since Clarence Thomas. She expressed her “fervent hope” that the appointment of Judge Brett “Boof” Kavanaugh to the Supreme Court will “lessen the divisions in the Supreme Court so that we have fewer five-four decisions, so that public confidence in the judiciary and our highest court is restored.”
How did that fervent hopey changey thing work out for yuh, Susan?
Let’s have a look at the recent confidence-restoring partisan five-four decision on the forced Wisconsin election. Justice Boof Kavanaugh wrote the opinion ruling in favor of the emergency appeal by the Republican National Committee seeking to overturn two rulings extending by six days the deadline for submitting unreceived mail-in ballots in Wisconsin. First a little background detail on straight down the middle “balls and strikes umpire” Boof.
Boof’s mother, Martha Kavanaugh, a former judge supposedly passed on to her dear son her primary advice for judges: use common sense– what smells right, what smells bad? Who stands to gain by lying? Who is more likely telling the truth?
Excellent advice, of course, although, if you look at her son’s decisions, he pretty much takes only one part of that advice, who stands to gain by lying? and applies it to his legal reasoning. Then rules each time for the more powerful party, who stand to gain even more, by cleverly using legal technicalities to obscure the real issues. A much more respectable judicial method of getting the desired outcome than outright lying, we can all agree.
You want a short course in the crabbed, narrow legalism that makes that kind of reframed ruling possible, read his sickening 5-4 suck-it-cucks opinion overturning two federal courts and forcing Wisconsin voters to stand on long lines, during a raging plague, to vote in person, or not have their votes counted at all.
You need only read a paragraph or two of his unappealable opinion, and his second to last paragraph, to get the full flavor of it. Then skip to Ruth Bader Ginsburg’s clear, short, definitive dissent — it’s only 2-3 pages. Only then will you see an actual statement of the facts, what is at stake in the case.
She’s 100% right, as right as the dissent was in Dred Scott, as right as the dissent often proves to be whenever short-term 5-4 partisan decisions are rendered. Kavanaugh, who maturely writes that the dissent is “quite wrong” is 100% wrong himself- not to mention that he ignores crucial facts in his “narrow”, counterfactual and idiotic ruling (though he claims, in a few words, toward the end of his legal “I know you are, but what am I?” to have given the issue of COVID-19 serious thought). No matter, he has his own and four other stout-hearted, fellow hardline corporatist votes and the dissent only four judges in total. 5-4, we win, suck it cucks!
Which is, of course, the McConnell mantra for winners.
I’d urge you to read the Ginsburg dissent in that outrageous, partisan 5-4 Wisconsin election case, short and sweet and easy reading.
Then think of how many more faithless, partisan zombie zealot extremists like Kavanaugh our zombie president has given lifetime zombie judgeships to. Picture zombie McConnell making that facial expression, showing his great self-satisfaction, like a gassy zombie baby taking a greasy dump in its diaper, Mitch’s equivalent of a human smile, with the accompanying baby shit smell. Brings tears to my eyes, seeing that look on the smug bastard’s face.
This is how they do it, how fascistic types always do it– a lie that makes people mad is ten times better than all the subtle nuances of the truth. As every partisan knows.