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Would I Be Labeled ‘Smut-Peddler’ If Court Nominee?

September 18, 2018

I have used the term ‘perfect political storm’ from time to time on this blog when the event warranted such a phrase.  Once again, that term can be used as the Senate Judiciary Committee is set to hear what will not only be a most contentious and scorching event, but one that will produce no winners but will leave a nation more divided than before the gavel fell.

I am a firm believer the U.S. Constitution is a living document.  So it concerns me deeply that Brett Kavanaugh positions himself as one who follows orignalism, a conservative doctrine with radical implications.  There is no denying that for all the ‘purity’ the nominee attempts to portray, he and those who follow the doctrine, surprisingly find their landmark decisions line up with precisely what the Republican Party supports.  We all should be aware that Kavanaugh claims ‘eternal truths’ that are more consistent with partisan politics than legal jurisprudence.

Over the many years I have been studying court cases as they relate to constitutional issues.  If I could live about 11 lives one of them would be as a constitutional lawyer. I find the reading entertaining and thoroughly interesting.  Last week, you would have found me late one night reading the history of the decision in Dred Scott v. Sandford.  Trivia time—at the time of the ruling the court reporter misspelled the name Sanford and over the years the case was never to be spelled correctly except in law books.

Had I been in the legal profession, however, given what is now playing out in Washington, might I too have had problems if nominated for a life-time position?  One episode from my middle school years would surely be found headline worthy for all those who chase the mundane and raise it up the flagpole.

I was not the average kid, in that I never could catch a football, and thought it would be wiser to just give each side a ball and leave it at that.  But I was an early reader, and soon was more advanced in reading and comprehension than the bulk of my peers.  So when the topic came up, again and again from my buddies, about where babies came from, I thought–hey–how difficult can this be to find out.  After all, I knew how to use a library and reproduction is listed in encyclopedias.

I am not sure if I double-sourced my information but do recall telling my friends that for a small amount of money–(probably a quarter or half-dollar) they too could know.  The playground the following day was the first and last effort at self-employment.  I pocketed a couple of dollars and called it a perfect recess.

But I am sure that episode could now be ratcheted up as ‘smut-peddling’ if I was being placed under a microscope for a judicial position.  The political opposition could make me into whatever they wanted to create.

And that is my point.

I am not trying to be harsh or snarky when it comes to the allegations now made against Kavanaugh.  But I have serious reservations about the 30-plus years for this charge to now be made.  And if I might hearken back to my days as a reporter, what is unfolding does not meet the smell test in another way.

If someone had made this type of claim, without any corroboration, it would have made my reporting antenna go crazy.  No one was told at the time, no effort was made to seek justice in any fashion for decades, and then the only ‘evidence’ are the notes that a counselor took during a therapy session.  A session so many years later that it raises more questions than anything else.

Teenage encounters are often clumsy and perhaps more than awkward.  Just ask gay guys who somehow get wrangled into a date with a girl.  I am not suggesting that there are not real examples of serious cases of abuse, or that we should not believe women who make claims.  What I am saying, from what I know at this time, is that based on the allegations now made, they can not be the basis to deny Kavanaugh a court seat.

There are, however, so many truly legal and judicial reasons to deny him a seat.

4 Comments leave one →
  1. September 20, 2018 5:58 PM

    Ella always says it best!! So many legends now gone.

  2. Solly permalink
    September 20, 2018 4:41 PM

    Poor Mark, are the nasty Democrats coordinating a “stunt” to deway Bwett Kavanaugh? Awww. Is that like not holding a hearing or even a meeting by Republican Senators with Merrick Garland or an up or down vote on an excellent choice for the court (so said Orin Hatch at his previous judicial hearings)? Ella says it best: https://www.youtube.com/watch?time_continue=65&v=CI779D2tLyk

  3. Mark Phillips permalink
    September 20, 2018 8:22 AM

    This whole affair has been nothing more than a coordinated stunt by democrats to delay and destroy this Excellent choice for the court. But not only him sadly they have fired this foolish woman who was told she could be anonymous if she played the victim in this scheme. By Friday next week we will have a new Supreme Court Judge and this lady will have to live her life in shame because of what democrats have done to her. Very sad for her.

  4. Howard permalink
    September 18, 2018 4:35 PM

    Hey, whatever works!

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