September 7, 2019

GIVING UP THE GAME: “Even before attorney Debra Katz took on Justice Brett Kavanaugh’s primary accuser, Christine Blasey Ford, as a client, she was someone the abusive and unscrupulous should have feared. At least, that’s how she was portrayed in the press:”

As it turns out, Katz wasn’t as opposed to a “highly politicized environment” as she maintained. “In the aftermath of these hearings, I believe that Christine’s testimony brought about more good than the harm misogynist Republicans caused by allowing Kavanaugh on the court,” Katz told attendees at the University of Baltimore’s Feminist Legal Theory Conference this past April. “He will always have an asterisk next to his name. When he takes a scalpel to Roe v. Wade, we will know who he is, we know his character, and we know what motivates him. And that is important; it is important that we know, and that is part of what motivated Christine.”

Only someone with a lawyer’s gift for prevarication could fail to comprehend Katz’s meaning. In this textbook definition of the Kinsley gaffe, Katz has revealed that not only was she motivated to litigate the claims against Kavanaugh for the advantageous political effect they would have but that her client was, too. And what was that desired effect? Affixing an “asterisk” to Kavanaugh’s record so that his judgments and decisions would be regarded as animated by biases and prejudices and would be, therefore, suspect if not entirely illegitimate.

This is an admission entirely against interest, in part, because you do not have to announce the presence of an asterisk if it truly exists. The Democratic partisans who insist Justice Clarence Thomas has been similarly undermined are screaming into a void. His concurrences and dissents still carry as much moral and intellectual weight as any other justice. He still influences the evolution of legal thought as much as or more than his colleagues on the bench. His clerks still get confirmed to federal judicial appointments in striking numbers. The notion that Kavanaugh’s reputation had been irreparably tarred in some way by his confirmation hearings isn’t an observation. It’s a self-affirmation.

Read the whole thing.

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