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Senate Democrats’ Unanimous Fail

[NB: check the byline, thanks. /~Rayne]

This is fucking maddening.

Not one bloody Democrat voted against this unnecessary crap. Local police could do more to enforce ordinances against noise and the lack of protest permits but you had go on the record supporting this fascist suppression of First Amendment speech instead.

Perhaps these Senate Dems were thinking ahead to the day Ketanji Brown Jackson is sworn in as a justice and needs protection. But without any statement to the Democratic base explaining this, the base can only assume they are protecting from First Amendment-protected protests the fascist wing of the SCOTUS which is intent on destroying women’s rights to autonomy.

While Senate Dems’ unanimously support protecting fascist jurists from their neighbors who aren’t happy with them, or gods forbid, the horrors of chalked messages on sidewalks like those which terrified Sen. Susan Collins…

…this is what’s going on in Realityville, USA.

The patient in this thread would have been dead in states where zero tolerance abortion laws have been or will be passed.

She’d tried to avoid getting pregnant and it still wasn’t enough to stop an ectopic pregnancy which threatened her life.

The patient in this next thread would have been prosecuted.

She didn’t even know she was pregnant, but if there had been any misinterpretation of her symptoms and history she would have been prosecuted for aborting the fetus.

As she notes women have already been prosecuted for miscarriages.

While Senate Democrats unanimously supported protections for SCOTUS against so-scary First Amendment protests, states are moving to eliminate women’s basic human rights — like traveling to another state for health care.

Because treating women’s reproductive organs is health care and Texas can’t have that.

Somewhere soon, within hours or days, women are going to begin to die from these anti-abortion, anti-women laws passed in red states. The first will be women with ectopic pregnancies who will bleed out while hospital employees stand around and tell her they can’t do anything about it though the mortal threat can be treated by aborting the unviable pregnancy.

Partitions between states will appear as new state laws are introduced, creating what are little more than concentration camps for women — yes, concentration camps because Texas women of childbearing age will not be able to leave Texas if there’s any possibility they may be pregnant.

Imagine having to take a pregnancy test before being allowed to cross a state line; it’s not an outside possibility.

These laws within these partitioned states will deny fundamental human rights to a class of citizens.

We’ve seen this before and fought a civil war over it.

But do pat yourselves on the back, Senate Democrats — you’ve ensured the Supreme Court’s fascist faction which leaked the salvo setting off this cryptic civil war is protected from women writing poignant demands on the sidewalk in front of their homes.

Go, you. Especially you, Sen. Chris Coons. How bipartisan of you to work with the concentration camp state’s Sen. John Cornyn. Don’t let the appearance of two white men get in the way of shepherding a bill intended to assure the abolition of rights for more than half the population doesn’t inconvenience the people who will ensure those rights are abolished.

Day Four — The Well-Qualified K. B. J.

[NB: check the byline, thanks. Update(s) if any will appear at the bottom of this post. /~Rayne]

It’s the fourth and final day of U.S. Senate Judiciary Committee’s confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Today’s hearing is in progress.

Today’s hearing consists of three remaining panels (Judge Jackson was Panel I):

Panel II

The Honorable Ann Claire Williams
American Bar Association
Standing Committee on the Federal Judiciary

Ms. D. Jean Veta
American Bar Association
Standing Committee on the Federal Judiciary

Mr. Joseph M. Drayton
American Bar Association
Standing Committee on the Federal Judiciary

Panel III Majority

The Honorable Joyce Beatty
United States House of Representatives
State of Ohio – 3rd District

Ms. Risa Goluboff
Dean, Arnold H. Leon Professor of Law, and Professor of History
University of Virginia

Mr. Wade Henderson
President & CEO
The Leadership Conference on Civil and Human Rights

Mr. Richard B. Rosenthal
Captain Frederick Thomas
National President
National Organization of Black Law Enforcement Executives (NOBLE)

Panel III Minority

The Honorable Steve Marshall
Attorney General
State of Alabama

Ms. Jennifer Mascott
Assistant Professor of Law & Co-Executive Director
The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University

Ms. Eleanor McCullen
Anti-abortion activist

Ms. Keisha Russell
First Liberty

Ms. Alessandra Serano
Operation Underground Railroad

From the looks of the last three panelists, the GOP senators are continuing to play to the base by hammering Judge Jackson on abortion, religious freedom in public schools, and human trafficking. The last will likely fit with the crap Sen. Josh Hawley et al already tattooed about child pornography.

The GOP will want to leave that shitty taste of zealotry and bigotry in the audience’s mouths as the hearings end. In other words, on brand for the GOP.

You can watch live feed at these sites (not the same links as yesterday’s as the previous links may lead to recordings previous days’ hearings):

Senate Judiciary Committee hearing feed

PBS Senate Judiciary Committee hearing feed on YouTube

C-SPAN feed via YouTube

You can also catch the hearings through these live Twitter threads:

Rewire News Group

Chris Geidner at Grid News

If you know of anyone else covering today’s hearing in Twitter, please leave a comment below. Thanks!

~ ~ ~

Apparently these hearings weren’t really to determine a nominee’s qualifications for a lifetime appointment to SCOTUS or to ensure the public was informed. No, apparently the Senate Judiciary Committee hearings have been little more than social media opportunities, which Sen. Ben Sasse (R-NE) called out.


Sasse also expressed his concern about cameras in the court room, that “cameras change human behavior,” and yet the difference between the video above by C-SPAN versus this by CBS News below tells us cameras tell us things audio and written reporting don’t offer.


Or this photo by Los Angeles Times’ Kent Nishimura:

If you have a Twitter account, every once in a while for grins and giggles you should drop Sen. Ted Cruz (Senate account: @sentedcruz, personal account: @tedcruz) a tweet and let him know what you thought of his performance as a member of the Senate Judiciary Committee, wholly visible on all sorts of cameras.

~ ~ ~

There may be more to come, watch this space for updates.

Contra Kavanaugh

[As always, check the byline — this is by me, Rayne, and I am not the lawyer on this crew.]

Call your senators RIGHT NOW and insist they do whatever they can to halt Brett Kavanaugh’s nomination to the Supreme Court. He should not be confirmed.

Congressional switchboard number: (202) 224-3121

Leave a voicemail, don’t put it off; there’s less than 24 hours before the hearing begins. Do you need a script to help make your call? Check with @Celeste_pewter at this link; she has you covered. Send a fax if you’d rather. Look up your senators’ contact details at GovTrack.us. But do it, RIGHT NOW. Come back to this when you’re done.

~ | ~ |~

Now that’s the important part of this post, the must-do call to action right up front. Drop everything and make the call before proceeding. Persuade friends and family to do the same right now.

The rest of this post is a formality over which I have fretted for more than a week. There are myriad articles out there, new ones published every day, explaining Kavanaugh’s judicial history and why he is unacceptable as a justice with a life-time appointment.

The most important reason, though, is evident in the actions of the White House and the GOP combined.

Bad, Bad Faith

They have acted and continue to act in bad faith about everything while in office. Kavanaugn’s nomination and their handling of the vetting process is but one more cluster of bad faith acts.

If this administration had nominated Kavanaugh in good faith, his works would have been openly available to the Senate Judiciary Democrats with few exceptions — but this is not the case.

If Kavanaugh himself was a good faith nominee, he would be pushing for his work to be open for evaluation — but he is silent.

If the GOP Congress was acting in good faith, they, too, would demand all Kavanaugh’s documents — but they aren’t. Senator Susan Collins in particular deserves a drubbing here, having signaled an intent to approve Kavanaugh based on the documents she’s seen so far and they are a piddling amount of the documents Kavanaugh created or was involved with during his career. She is willfully buying a pig in a poke in spite of her position on women’s reproductive health.

The hurry to seat Kavanaugh is also unnecessary; Mitch McConnell wants him to begin on October 1 with the SCOTUS’ next session. To meet this wholly arbitrary deadline McConnell has broken with past practice — and shorted the production of documents related to Kavanaugh’s work history.

It’s not just the Trump administration, either, since many of the withheld documents were generated during the Bush administration. An unprecedented and partisan review process by George W. Bush administration lawyers is running in tandem with the National Archives and Records Administration’s document production, which the NARA calls “something that has never happened before.” NARA can’t produce the Kavanaugh documents before the end of October; the Bush lawyers are cherry-picking their selection to meet the 9:30 a.m. Tuesday hearing.

Given what we know of the Bush administration’s efforts on torture and surveillance alone, Senate Democrats are right to be worried about the insufficiency of documents. Pat Leahy indicated what few documents they’ve received include many duplicates, further frustrating analysis.

Why are the administration and the GOP trying so hard to prevent access to documentation of Kavanaugh’s work history? Why the sudden reversal on transparency after a Republicans-only meeting on July 24th? What of the concerns Leahy expressed in an August 17th letter to White House Counsel Don McGahn?

…do you have reason to believe any of the records relate to:
1. The legal justifications or policies relating to the treatment of detainees?
2. The rules governing the detention of combatants?
3. The warrantless wiretapping of Americans?
4. A proposed constitutional amendment to define marriage as a union between one man and one woman?

These topics are far too weighty to be given deliberate short shrift — the specificity of exclusion is troubling, especially when combined with questions about Kavanaugh’s questionable finances and the likelihood Kavanaugh lied under oath before the Senate in 2006. It gives the appearance of a cover-up, which is more than bad faith; it’s malignancy.

Before Justice Kennedy retired we had already quite enough of GOP bad faith. Obama’s SCOTUS nominee Merrick Garland should have had a hearing; his work product had not been suppressed. Obama’s previous nominees had likewise been fully vetted, their documents made available. But Mitch McConnell suppressed Obama’s last appointment in bad faith; there is nothing at all in the Constitution to support the Senate’s denial of Obama’s appointment by refusing to evaluate his nominee.

Article 2, Section 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

(emphasis mine)

Refusing to hold a hearing meant a rejection of the Senate’s role to advise and consent. By the simplest interpretation of the Constitution, McConnell violated his oath of office by failing to support and defend the Constitution of the United States and to well and faithfully discharge the duties of his office.

Unfortunately there is no remedy save for impeachment of McConnell or removal by voters and neither will happen before Tuesday.

Unindicted Co-Conspirator-in-Chief

The next critical reason why Kavanaugh should neither receive a Senate Judiciary Committee hearing nor be confirmed is Trump’s current status as an unindicted co-conspirator.  Although the current conspiracy for which Trump has not yet been indicted is not now in Special Counsel’s folio, we cannot know until after Special Counsel’s Office has completed their work whether Kavanaugh’s appointment was part of a larger conspiracy to defraud the U.S. The Senate should exercise its role to advise and consent by refraining from evaluation of Kavanaugh until Trump’s status is resolved — and the Senate Judiciary Dems should uniformly reject a hearing and confirmation.

What is already known about Kavanaugh suggests he will not act neutrally should the prosecution of any case involving Trump as a co-conspirator come before the SCOTUS. In 2009 Kavanaugh wrote for the Minnesota Law Review on deferrals of civil suits, criminal investigations and prosecutions of the president,

… The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.

Even the lesser burdens of a criminal investigation—including preparing for questioning by criminal investigators—are time-consuming and distracting. Like civil suits, criminal investigations take the President’s focus away from his or her responsibilities to the people. And a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President.

In the same article, Kavanaugh encouraged Congress to write legislation “exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.”

This opinion is flawed and based on what he saw of Clinton, Bush, and Obama presidencies. We no longer have a president who is absorbed by the duties of the office, taking roughly 25% of his time in office to commit violations of the Emoluments Clause by playing golf at his own resorts. The Special Counsel’s Office investigation hasn’t disrupted his golf game; it hasn’t disrupted the remaining 75% of his time in office save for Trump’s entirely elective and unnecessary kvetching via Twitter about a witch hunt.

No feedback from senators so far indicates Kavanaugh would recuse himself on cases coming before SCOTUS related to civil suits or criminal charges against Trump.

Health Care, Women’s Reproductive Rights, Settled Law Unsettled

These issues are all of a piece since they are interrelated by a narrow number of cases and will likely come down to swing senators who claim to care most about these issues — senators Collins and Lisa Murkowski. Kavanaugh has been interviewed by Collins who says she believes he is in agreement with her that Roe v. Wade is settled law and not likely to change. Collins, however, has been screwed over repeatedly by her party in no small part because she trusts uterus-deficient counterparts to see women’s reproductive rights as she does (this is an awful wordy way to say she’s easily played).

Lindsey Graham, however, left off sucking up to Trump to suggest Roe could be overturned by Kavanaugh because “a precedent is important but it’s not inviolate.” Having said this on at least two different Sunday talk shows one might wonder if he is leading Kavanaugh or Collins and Murkowski.

No Senate Democrat should give Graham or Kavanaugh the benefit of the doubt, though. His dissent in Garza v. Hargan, the D.C. Circuit case in which a 17-year-old asylum seeker sought an abortion while in U.S. custody, is disturbing. He wrote,

The Government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion. …

No. The government has no interests in favoring fetal life as if fetuses had rights co-equal to the mother, teen or adult, whether free or in detention. Forcing a minor to carry another child to term is not in the government’s interests; it’s child abuse.

Kavanaugh’s opinion in Priests for Life v. HHS, wrestling with the issue of religious freedom versus access to contraception, is also disturbing. He concluded,

First, under Hobby Lobby, the regulations substantially burden the religious organizations’ exercise of religion because the regulations require the organizations to take an action contrary to their sincere religious beliefs (submitting the form) or else pay significant monetary penalties.

Second, that said, Hobby Lobby strongly suggests that the Government has a compelling interest in facilitating access to contraception for the employees of these religious organizations.

Third, this case therefore comes down to the least restrictive means question.

Nowhere in this conclusion does it ever occur to Kavanaugh there are other reasons women are prescribed birth control besides contraception which have nothing to do with employers’ religious beliefs. To be fair, most men are clueless about the benefits of birth control for minimizing cramps and managing other debilitating menstrual problems. But this conclusion combined with the dissent in Garza do not assure that Kavanaugh will see Roe as settled.

Semi-Automatic Weapons Wankery

Not good. Kavanaugh dissented in Heller v. District of Columbia, a case which upheld Washington D.C.’s ban on semi-automatic weapons, writing that the Supreme Court

“held that handguns — the vast majority of which today are semiautomatic — are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens.”

This blows off the 1994 Federal Assault Weapon Ban which expired in 2004 and should have been renewed since civilian deaths by assault weapons escalated after 2004.

Kavanaugh couldn’t be trusted to support a ban on assault weapons which are semi-automatic.

Net Neutrality No-Go

This issue infuriates me as much as Kavanaugh’s dissent on Garza. Last year in U.S. Telecom Association v. FCC he wrote,

… While the net neutrality rule applies to those ISPs that hold themselves out as neutral, indiscriminate conduits to internet content, the converse is also true: the rule does not apply to an ISP holding itself out as providing something other than a neutral, indiscriminate pathway—i.e., an ISP making sufficiently clear to potential customers that it provides a filtered service involving the ISP’s exercise of “editorial intervention.” …

Except ISPs are nearly inseparable from telecom — which we would not allow any editorial rights over content — and ISPs are too thin in some markets, forcing customers to accept what might be the only ISP in their area along with that ISP’s “editorial intervention.”

I’m also disturbed by the examples he used of throttled content like Netflix and Ticketmaster while ignoring the possibility an ISP could exercise “editorial intervention” over essential services like email and VoIP.

Nothing like having Verizon sitting on the Supreme Court.

Surveillance State

Good Lord, his understanding of metadata…Kavanaugh wrote in his opinion for Larry E. Klayman v. Barack Obama, et al. (2015) denying an emergency petition,

… In my view, that critical national security need outweighs the impact on privacy occasioned by this program. The Government’s program does not capture the content of communications, but rather the time and duration of calls, and the numbers called. In short, the Government’s program fits comfortably within the Supreme Court precedents applying the special needs doctrine. … In sum, the Fourth Amendment does not bar the Government’s bulk collection of telephony metadata under this program. …

There’s no chance at all to his thinking that metadata itself could be the message.

~ | ~ |~

That’s more than enough without having to really dig, and I haven’t even touched on Kavanaugh with regard to LGBT equality. White House and GOP bad faith is enough reason to insist Kavanaugh not be confirmed.

If you made it this far without having called your senators, do it RIGHT NOW and insist they do whatever they can to halt Brett Kavanaugh’s confirmation to the Supreme Court. He should not serve a lifetime as a justice given what we already know.

Congressional switchboard number: (202) 224-3121

Wednesday Morning: Otherwise Known as Mike-Mike-Mike Day

My condolences to the poor Mikes among us who have suffered every Hump Day since Geico’s TV commercial became so popular.

North Korean nuclear test detected by ‘earthquake’
About 10:00 a.m. North Korean local time Wednesday, an event measured at 5.1 on Richter scale occurred near the site of recent underground nuclear testing. South Korea described the “earthquake” as “man-made” shortly after. Interestingly, China called it a “suspected explosion” — blunt language for China so early after the event.

NK’s Kim Jong Un later confirmed a “miniaturized hydrogen nuclear device” had been successfully tested. Governments and NGOs are now studying the event to validate this announcement. The explosion’s size calls the type of bomb into question — was this a hydrogen or an atomic weapon?

I’m amused at the way the news dispersed. While validating the story, I searched for “North Korea earthquake”; the earliest site in the search was BNO News (a.k.a. @BreakingNews) approximately 45 minutes after the event, followed 17 minutes later by Thompson Reuters Foundation. Not Reuters News, but the Foundation, and only the briefest regurgitation of an early South Korean statement. Interesting.

Spies’ ugly deaths
Examining the deaths of spies from 250 AD to present, Lapham’s Quarterly shows us how very cruel humans remain toward each other over the last millennia. Clearly, vicious deaths have not foiled the use of spies.

Zika virus outbreak moves Brazil to caution women against pregnancy now
An outbreak of the mosquito-borne Zika virus in Brazil may be linked to a sizeable uptick in microcephalic births — 2782 this past year, compared to 150 the previous year. The Brazilian government is now cautioning women to defer pregnancy until the end of the rainy season when the virus’ spread has been slowed.

Compared to number of Ebola virus cases in 2014-2015, Zika poses a much greater risk in terms of spread and future affected population. The virus has not received much attention, in spite of more than a million cases in Brazil, as symptoms among children and adults are relatively mild.

BCP now available in Oregon over the counter
Thanks to recent state legislation, women in Oregon now have greater access to birth control pills over the counter. California will soon implement the same legislation.

That’s one way of reducing the future number of white male libertarian terrorists demanding unfettered use of public space and offerings of snacks.

Microsoft’s tracking users’ minutes in Windows 10
No longer content with tracking the number of devices using Windows operating system, Microsoft now measures how long each user spends in Windows 10. Why such granular measures? The company won’t say.

Worth remembering two things: 1) Users don’t *own* operating system software — they’re licensees; 2) Software and system holes open to licensors may be holes open to others.

New cross-platform ransomware relies on JavaScript*
Won’t matter whether users run Windows, Linux, Apple’s Mac OS: if a device runs JavaScript, it’s at risk for a new ransomware infection. Do read the article; this malware is particularly insidious because it hides in legitimate code, making it difficult to detect for elimination. And do make sure you keep backup copies of critical files off your devices in case you’re hit by this ransomware.

Buckle up tight in your bobsled. It’s all downhill after lunch, kids.

[* this word edited to JavaScript from Java./Rayne]