Supreme court

Brett Kavanaugh: the MAGA Justice?

From our US edition

Tell me how you judge Brett Kavanaugh, and I’ll tell you who you vote for. In a divided polity, Kavanaugh cuts a Janus-faced figure. He’s that rarity, a Bushie who made good in the Trump era, but also he’s the favorite jurist of immigration restrictionists. He’s the almost too wholesome basketball dad, but he’s also the sex-predator threat to American womanhood. His swearing in was widely seen as a victory for conservatives, and raised fears of on the left that the bench was tipping right. But many on the right feared his triumph would be Pyrrhic: too much political capital had been spent on a justice with a record to the left of Antonin Scalia. ‘Trust the process,’ former White House chief strategist Steve Bannon told me last year on Kavanaugh.

brett kavanaugh

The real RBG

Ruth Bader Ginsburg is too ill to sit on the Supreme Court. When she saw On the Basis of Sex, a hagiography written by her nephew, she must have thought she had already gone to heaven. Directed by Mimi Leder to the highest TV-movie standards, this prequel to the obsequious 2018 documentary RBG will appeal to all purchasers of the grovelling 2015 biography, Notorious RBG. The real RBG totters across the last frames of this movie like the laminated ghost of American liberalism. Such idolatry diminishes Bader Ginsburg’s achievement, the unpicking in 1971 of the first of 178 laws discriminating against you-know-who on the basis of you-know-what. But this film crackles with nylon, self-regard, and unearned privilege. It’s the 1950s.

The Lego-cy of Ruth Bader Ginsburg

From our US edition

You don’t need to know much about constitutional jurisprudence to work out which of the nine Supreme Court Justices has been turned into a mini figure to appear in The Lego Movie 2: The Second Part. No, not Brett Kavanaugh. You know by now there can be only one candidate for the role of bad-guy-slaying superjudge in 2019. ‘Batman, Superman, the Tin Man… and Ruth Bader Ginsburg,’ runs the superhero role call in a trailer that dropped on Sunday. https://www.youtube.com/watch?v=8GFv02yZVIk After last year’s RBG documentary and this year’s On the Basis of Sex, starring Felicity Jones, it is just the latest (and least likely) addition to the Ginsburg movie canon and yet another chance for her fans to celebrate her life and achievements.

lego ruth bader ginsburg

Trump lays bare America’s smelly little orthodoxies

From our US edition

As far as the prestige media in the United States are concerned, Donald Trump is irredeemable. Within the ranks of our journalistic elite, the 45th president of the United States represents a secular version of the antichrist. Apart from permanently retiring to Mar-a-Lago forthwith, there is nothing that Trump can do that will find favor with the New York Times, the Washington Post, and likeminded journalistic enterprises both large and small. On the one hand, I’m OK with that. Trump is an incompetent buffoon. The sooner he’s gone from American public life, the better.

orthodoxies donald trump

Kavanaugh confirmed, despite the Democratic ‘search and destroy mission’

From our US edition

Teachers Scotch used to run an amusing ad that read ‘In life, experience is the great teacher. In Scotch, Teachers is the great experience.’ Droll, what? But is it true? Or was T. S. Eliot’s mournful observation that ‘we had the experience but missed the meaning’ more pertinent to our situation? What happens in the aftermath of Judge — as of a few minutes ago, make that ‘Justice’ — Brett Kavanaugh’s bizarre confirmation process will tell us a lot about whether we have learned anything from the horrible experience of the last weeks. When the Senate voted 50 to 48 to confirm Kavanaugh, they drew a line under a battle that was not just bitter but insane.

kavanaugh confirmed protests

Kagan and Sotomayor discuss everything but Kavanaugh at Princeton

From our US edition

Supreme Court Justices Elena Kagan and Sonia Sotomayor spoke for more than an hour on Friday evening at Princeton University about the importance of neutrality for justices and the struggles women face in the workplace without once saying the name ‘Kavanaugh.’ ‘It’s an incredibly important thing for the court to guard, is this reputation of being fair, of being impartial, of being neutral,’ Kagan said. ‘This is a challenge.’ Both justices spoke at length about the necessity of preserving the Court’s reputation for fairness and neutrality. Kagan noted that having a swing vote, such as Justices Sandra Day O’Connor and Anthony Kennedy, has made the court seem more balanced.

kagan sotomayor

McCarthyist? The Democrats’ treatment of Brett Kavanaugh is way worse than that

From our US edition

A few weeks ago in these virtual pages, I wrote that ‘In years to come, no one is going to talk about ‘kavanaughing’ a candidate.’ Boy did I get that wrong. The word deployed may not be the mouthful ‘kavanaughed.’ Maybe it will, à la Lindsey Graham, be pleonastically expressed: ‘the most despicable thing I have seen in my time in politics’ about fits the case. I am writing on Friday morning. The Senate Judiciary Committee is scheduled to vote this afternoon. Punditry is not prophecy, but I am nevertheless going to predict that Brett Kavanaugh gets an up vote from the committee and that Chuck Grassley will have learned his lesson and bring the matter to a floor vote tomorrow, Saturday, as he said he would.

senator lindsey graham democrats kavanaugh kavanaughing

The pro-Kavanaugh pundits who make him look guilty

From our US edition

‘There’ll be another woman.’ A friend of mine who has been in political journalism much longer than I have told me this weekend to expect another accuser against Brett Kavanaugh to come forward — and sure enough, the New Yorker on Sunday revealed one. Deborah Ramirez alleges that when they were students at Yale, a drunken Kavanaugh exposed himself to her at a party and touched her with his penis. As yet, however, Ronan Farrow and Jane Mayer write, ‘The New Yorker has not confirmed with other eyewitnesses that Kavanaugh was present at the party.

brett kavanaugh pro-kavanaugh deborah ramirez

Brett Kavanaugh is not right for the Supreme Court

From our US edition

I believe that Christine Blasey Ford is telling the truth when she claims that Brett Kavanaugh sexually assaulted her at a house party in the early 1980s, when she was 15 and he was 17. I believe her husband, Russell Ford, who has told the Washington Post that in 2012 his wife had recounted her experience during a couples’ therapy session, and named Kavanaugh. And I believe the story that Kavanaugh’s friend Amy Chua advised her female students that if they wanted to win a clerkship with him, they should dress like a model. All of which this leads me to conclude that Kavanaugh is not right for a seat on the Supreme Court. As Roger has written, the Democrats are doing everything they can to exploit Ford’s accusation for political ends.

brett kavanaugh

Christine Blasey Ford has mastered the art of the deal

From our US edition

Is Christine Blasey Ford stealing a page from Trump? She’s just pulled the kind of power move that Trump himself likes to make in dealing with the Senate Judiciary Committee. Told that she must respond by 10 a.m. Friday about whether or not she will show up, Blasey has now declared that she can’t appear to testify on Monday but would like to later in the week. A letter from her attorney to the committee states, ‘As you are aware, she’s been receiving death threats which have been reported to the FBI and she and her family have been forced out of their home. She wishes to testify, provided that we can agree on terms that are fair and which ensure her safety.

christine blasey ford

The conservative judicial revolution

From our US edition

It seems like ancient history now, but the week before the ill-fated summit in Helsinki President Trump nominated Brett Kavanaugh to the Supreme Court. It was Trump’s second nomination to America’s highest court in as many years and conservatives overwhelmingly cheered his choice. “I’ve often heard that, other than matters of war and peace, this is the most important decision a President will make,” Trump said in the East Room of the White House. “The Supreme Court is entrusted with the safeguarding of the crown jewel of our Republic, the Constitution of the United States.” Kavanaugh was picked to replace retiring Justice Anthony Kennedy, a Republican appointee who was nevertheless a swing vote on the Supreme Court.

Brett Kavanaugh is a Republican’s dream Supreme Court Justice

After reciting the usual homilies about the need to interpret the American Constitution as it was written, President Trump appeared visibly bored once his nominee for the Supreme Court, Brett Kavanaugh, took the podium. Who could blame him? There was little Trump could do to inject much excitement into the proceedings and it’s never as much fun to make a solemn announcement as it is to rant and rave in front of tens of thousands of your pursuivants in a sports arena or to send out tweets denouncing NATO or threatening a trade war with China. To be sure, Kavanaugh had clearly been primed on how to curry favour with his benefactor.

Trump on the edge

Donald Trump has often wrong-footed the media. In last year’s election his campaign seemed to be always on the verge of falling apart, but it didn’t. Candidate Trump was endlessly engulfed by crisis. The media said he could not win, but he did. It’s tempting to think that the Trump presidency fits the same pattern; that all the chaos in the White House, that reports of the horrifying incompetence of his administration and his dangerously erratic behaviour are exaggerated: fake news, as he would say. But it doesn’t. Just four months in, the Trump presidency is starting to look unviable. Trump’s greatest problem is himself. He seems determined to plunge himself into scandal. The allegations against him are grave and mounting.

The Spectator’s Notes | 23 February 2017

Last month, at Policy Exchange, I met a charming, quiet American general called H.R. McMaster. In conversation, I was struck by his zeal for Nato and his concern wherever the alliance is now weakest, as in Turkey. In his speech to the thinktank, he said clearly that Russia and China are attempting to ‘collapse’ the post-1945 and post-Cold War ‘political, economic and security order’, with unconventional forces hiding behind conventional ones, subversion, disinformation, propaganda, economic actions and ‘proxies’ such as organised crime networks. The situation had echoes of 1914, and the risk of a great-power war was the highest for 70 years.

The Supreme Court’s ruling on foreign spouses is shameful

Just when you were minded to think that Supreme Court judges were a bunch of diehard liberals whose fundamentalist belief in the application of human rights overrides common sense, they deliver a judgement which makes them look like the pathetic toadies of an authoritarian government. This morning the court upheld a rule that forbids British citizens bringing a foreign spouse into the country unless they (the British citizen, not the foreign spouse) is earning at least £18,600 a year (or £22,400 if they have one or more children). I am in favour of controls on immigration, but this is a rule which stinks of discrimination and injustice.

For the sake of Britain’s constitution, will everyone please shut up?

One of the striking features of Britain’s unwritten constitution is how it relies on various people keeping their opinions to themselves. The monarch, the Speaker of the House of Commons and senior judges must all avoid expressing political views in public – or even in what one might call semi-private. It’s not their right to remain silent; it’s their responsibility. The royal family is expected to stay out of politics from birth, the Speaker is an MP who puts aside partisanship when he or she is dragged to the chair, and judges must show that they are applying the law, not advancing their own agenda. Any appearance of partiality is toxic, calling into question either their own survival or that of the office they hold.

What the papers say: The ‘enemies of the people’ row rumbles on

The Article 50 court cases sparked an angry backlash in the newspapers, with the judges involved famously labelled ‘enemies of the people’. Yesterday was the day the Supreme Court president Lord Neuberger hit back: Neuberger criticised politicians for being slow to defend judges and said the attacks on the justice system risked undermining the rule of law. One of his (unspoken) targets was the Daily Mail, which rallied against the ‘out of touch’ judges involved. Was the coverage too much? The Mail says not. In its editorial this morning, the paper offers a rare compliment to Neuberger, saying that his ‘outstanding intellect and integrity’ is not in question.

For the sake of the constitution, please shut up

One of the striking features of Britain’s unwritten constitution is how it relies on various people keeping their opinions to themselves. The monarch, the Speaker of the House of Commons and senior judges must all avoid expressing political views in public – or even in what one might call semi-private. It’s not their right to remain silent; it’s their responsibility. The royal family is expected to stay out of politics from birth, the Speaker is an MP who puts aside partisanship when he or she is dragged to the chair, and judges must show that they are applying the law, not advancing their own agenda. Any appearance of partiality is toxic, calling into question either their own survival or that of the office they hold.

Trump’s greatest legacy could be his power to reshape the Supreme Court

James D. Zirin is an experienced litigator as well as the host of a popular television talkshow. In this provocative polemic he uses skills developed both from behind the bar and in front of the camera to mount the charge that the US Supreme Court is a political court. How far does his evidence support his claim? In 1803 Chief Justice Marshall invented the doctrine of judicial review, by which the Supreme Court had the right to strike down Acts of Congress and executive action as inconsistent with the constitution. Inevitably, it then became involved in issues that were heavily political. In 1857 the court upheld the property rights of slave owners. In 1896 it created the separate but equal principle. In 1954 it outlawed segregation.

For Donald Trump, politics is a primetime TV show

Donald Trump promised to bring some pizzazz to the White House. And last night he delivered, unveiling his selection for a vacant Supreme Court seat on prime time TV after teasing the American public with a reality show style whittling down of candidates. His selection, the Oxford-educated Neil Gorsuch, is an established legal mind who will sit well with Republicans. It was the sort of night Trump needed after a torrid weekend, when the bungled roll-out of an immigration overhaul energised his opponents and exposed divisions in the White House. As the new president arrived on a red carpet before Congressional Republican leaders, he reminded them exactly why he won the election, combining his populist instincts with a rock solid conservative choice for Supreme Court justice.