# The Kavanaugh Effect. **URL:** \ **Category:** Politics & Elections\ **Created:** [January 13, 2019, 9:26pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703 "2019-01-13T21:26:04Z")\ **Posts on this page:** 16\ **Page:** 2
**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\ **Post date:** [February 8, 2019, 7:00pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/21 "2019-02-08T19:00:15Z")
> [@Bone](#): > > That’s not the assumption that an originalist or textualist makes. The assumption is that there is a process for changing the law if the here and now folks want to do so and it’s not for judges to step in place of the legislature. Common law, or law based on judicial precedent, was part of English law long before this country was founded. IOW, judges have been “stepping in the place of the legislature” when the Founders were itches in their daddies’ pants. I guess Tony Scalia was asleep the day they taught that in law school. :dubious: ---
**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\ **Post date:** [February 8, 2019, 7:42pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/22 "2019-02-08T19:42:06Z")
> [@Velocity](#): > > I don’t think the current 5-4 reflects a “solidly” conservative majority. Roberts has become the new Kennedy, and as Chief Justice it seems he wants to be unpredictable because it undermines the legitimacy of SCOTUS for there to be numerous 5 red 4 blue outcomes. Aside from voting for ACA, he has been known to deliberately go “blue” from time to time to keep people on their toes. I mean, [that ship has kinda sailed](https://slate.com/news-and-politics/2018/10/john-roberts-history-brett-kavanaugh-supreme-court.html). The Roberts court oversaw a massive number of 5/4 partisan splits, on numerous incredibly important issues. The recent decision from Roberts to uphold SCOTUS precedent on TRAP laws is kind of interesting, but “unwilling to uphold a lower court decision that directly contradicts a very recent SCOTUS decision” is hardly a huge stretch - far more interesting is Kavanaugh’s dissent, which is just… [What the fuck, dude](http://www.pfaw.org/blog-posts/kavanaugh-shows-contempt-for-the-rule-of-law-in-louisiana-abortion-case)? I do think we will see more of this dynamic, because Roberts recognizes that SCOTUS has already lost a great deal of clout over the past few years. But his court has already been pretty clear in their actions. So showing a bit less of a partisan lean now is welcome, but ultimately relatively unhelpful. ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [February 8, 2019, 8:03pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/23 "2019-02-08T20:03:41Z")
> [@Buck\_Godot](#): > > I think on Roe v. Wade, they are probably going to let it die a death by a thousand cuts in which abortion is still officially legal in all 50 states, but not practically possible in 30 of them. Exactly- they can’t just overturn the case willy-nilly, but they can rule (or refuse to) on the various states’ laws aimed at restricting availability. So in other words, they’re unlikely to drastically overturn anything, but they’re probably really likely to let things get nibbled at by the states and/or refuse to make any momentous rulings on anything they don’t like. Remember, the Supreme Court isn’t any old appellate court- they can just decide to refuse to hear a case and let the lower court’s ruling stand, like they did here: > **[Supreme Court refuses to hear case challenging CFPB](https://www.jurist.org/news/2019/01/supreme-court-refuses-to-hear-case-challenging-cfpb/)** > > The US Supreme Court refused to take up a case challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB) on Monday. This Supreme Court's decision not to hear the case came a... ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [March 5, 2019, 5:16pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/24 "2019-03-05T17:16:49Z")
Just came across this story from October - a bartender is stiffed with a pro-Kavanaugh note: [Breckenridge bartender taunted with Brett Kavanaugh threat](https://www.denverpost.com/2018/10/11/kavanaugh-breckenridge-bartender-no-tip/?obref=obinsite) ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [March 5, 2019, 5:34pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/25 "2019-03-05T17:34:26Z")
Seems to me we already discussed that? And I remember there being some doubt about whether it was genuine? ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [March 5, 2019, 7:05pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/26 "2019-03-05T19:05:23Z")
There have been a couple of cases similar, but I am not aware if this particular one was proven or disproven. It is kind of a weird story, though. Writing that, out of the blue, supposedly without any discussion with the server? Denver ain’t exactly MAGA country. But who knows. Regards, Shodan ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [March 5, 2019, 7:44pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/27 "2019-03-05T19:44:27Z")
Roberts is now siding more and more with the liberals: [https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals?fbclid=IwAR2\_\_mbr0oc7ouJ8zCE0I5t6MQgujVmf4thscpUIiWCOC84G5cSwsavZbCw](https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals?fbclid=IwAR2__mbr0oc7ouJ8zCE0I5t6MQgujVmf4thscpUIiWCOC84G5cSwsavZbCw) ---
**Author:** ![snoe](https://avatars.discourse-cdn.com/v4/letter/s/43a26b/32.png) [@snoe](https://boards.straightdope.com/u/snoe)\ **Post date:** [March 5, 2019, 8:49pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/28 "2019-03-05T20:49:06Z")
> [@Velocity](#): > > Roberts is now siding more and more with the liberals: > > [Hold the Revolution: Roberts Keeps Joining High Court Liberals - Bloomberg](https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals?fbclid=IwAR2__mbr0oc7ouJ8zCE0I5t6MQgujVmf4thscpUIiWCOC84G5cSwsavZbCw) The article makes clear that this is a fairly limited trend. > [@](#): > > Chemerinsky pointed out that the death penalty ruling Roberts joined Wednesday was narrow, sending the case back to a lower court rather than barring the inmate’s execution. > > Roberts has also provided key conservative votes. In January he voted to let Trump start barring most transgender people from serving in the military. In June, Roberts joined a barrage of 5-4 conservative rulings, including one he wrote upholding Trump’s travel ban, which restricts entry into the U.S. by people from several predominantly Muslim countries. Hey, as a leftish person, it’s better than nothing. I also am grateful to have some Republicans who occasionally act, however half-heartedly, to protect our institutions from the barbarians at the gates. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [August 6, 2019, 7:18pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/29 "2019-08-06T19:18:27Z")
House Democrats are trying to get documents on Kavanaugh that were withheld during the confirmation fight: [House Dems Seek Kavanaugh Docs Withheld In Confirmation Fight](https://talkingpointsmemo.com/news/brett-kavanaugh-house-democrats-judiciary-white-house-document-request) Good! Vet him properly, even if it’s after the fact. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [August 6, 2019, 7:37pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/30 "2019-08-06T19:37:28Z")
> [@Budget\_Player\_Cadet](#): > > I mean, [that ship has kinda sailed](https://slate.com/news-and-politics/2018/10/john-roberts-history-brett-kavanaugh-supreme-court.html). The Roberts court oversaw a massive number of 5/4 partisan splits, on numerous incredibly important issues. The recent decision from Roberts to uphold SCOTUS precedent on TRAP laws is kind of interesting, but “unwilling to uphold a lower court decision that directly contradicts a very recent SCOTUS decision” is hardly a huge stretch - far more interesting is Kavanaugh’s dissent, which is just… [What the fuck, dude](http://www.pfaw.org/blog-posts/kavanaugh-shows-contempt-for-the-rule-of-law-in-louisiana-abortion-case)? Did you seriously link to an article which attacks Kavanaugh, for not considering merits…in a _stay_ application? :smack: ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [August 6, 2019, 8:13pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/31 "2019-08-06T20:13:05Z")
> [@iiandyiiii](#): > > Good! Vet him properly, even if it’s after the fact. Impeach for perjury if the evidence supports it. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [November 29, 2019, 2:49am UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/32 "2019-11-29T02:49:16Z")
I’m pretty sure this fits for the OP: [Ads assail conservative legal group over Trump’s court picks](https://apnews.com/6e17f0eb84ef4e2dbcc4c956727347cc). > [@](#): > > The ads, to appear on LinkedIn and Facebook, assail major law firms that sponsored the Federalist Society’s recently annual dinner, where Kavanaugh addressed more than 2,000 people in tuxedos and gowns at Washington’s Union Station. > > The ads feature photos of a snarling Kavanaugh, along with Christine Blasey Ford, the woman who accused him of sexually assaulting her when they were teenagers, a charge he denied. “The Federalist Society is rebuilding Kavanaugh’s image” through events such as its annual dinner, the ad charges, so why are the law firms paying for it? > > Sponsored by Demand Justice, the ads target a half-dozen prominent firms that sponsored the dinner, such as Kirkland & Ellis, where Kavanaugh served as a partner, as well as Sullivan & Cromwell, WilmerHale and Consovoy McCarthy, where a senior partner was recently confirmed as a federal appellate judge. > [@](#): > > Demand Justice says the ads are the beginning of a sustained campaign “to hold accountable” people who help the Federalist Society “rehabilitate a sexual predator and attack the rule of law.” > [@](#): > > The bare-knuckle ads are a rarity in the city’s genteel legal world and an example of the increasing toxicity of the political debate over Trump’s judicial nominees. > [@](#): > > Brian Fallon, executive director of Demand Justice, is a former adviser to Hillary Clinton’s 2016 presidential campaign and former spokesman for Senate Democratic Leader Chuck Schumer. > > He said Pitlyk’s nomination and the recent party line confirmation of Steven Menashi, a former White House lawyer named by Trump to a New York-based appeals court, show the importance of the ad campaign. > > Many of Trump’s nominees, Menashi among them, have ties to the Federalist Society, which has vetted and recommended dozens of conservative lawyers for Trump’s consideration as judges. > > “Trump is larding up the judiciary with people who are loyal to him,” Fallon said. > > The hard-hitting ads featuring Kavanaugh mirror the aggressive tactics conservative groups have used for years, Fallon said. > > “The other side has been playing for keeps when it comes the courts for a long time,” he said. “Democrats need to get back in the game.” ---
**Author:** ![rsat3acr](https://avatars.discourse-cdn.com/v4/letter/r/a3d4f5/32.png) [@rsat3acr](https://boards.straightdope.com/u/rsat3acr)\ **Post date:** [November 29, 2019, 3:59am UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/33 "2019-11-29T03:59:53Z")
I foresee any separation of church and state case being found in the favor of the religious party. ---
**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\ **Post date:** [November 29, 2019, 4:37am UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/34 "2019-11-29T04:37:08Z")
If you cry like a little girl then maybe you stand a better chance of winning? ---
**Author:** ![Dale\_Sams](https://avatars.discourse-cdn.com/v4/letter/d/779978/32.png) [@Dale\_Sams](https://boards.straightdope.com/u/Dale_Sams)\ **Post date:** [November 29, 2019, 5:50am UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/35 "2019-11-29T05:50:04Z")
> [@Isamu](#): > > If you cry like a little girl then maybe you stand a better chance of winning? I thought one of the points of defeating toxic masculinity was to get guys to show their feelings more? ---
**Author:** ![Ashtura](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ashtura/32/2963_2.png) [@Ashtura](https://boards.straightdope.com/u/Ashtura)\ **Post date:** [November 29, 2019, 2:11pm UTC](https://boards.straightdope.com/t/the-kavanaugh-effect/827703/36 "2019-11-29T14:11:12Z")
Roberts is an ultra-conservative? I’m sure there are ultra-conservatives that would beg to differ. [Previous page](https://boards.straightdope.com/t/the-kavanaugh-effect/827703.md?page=1)