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Thursday, September 6, 2018

The Games Continue Further

There's another confidential email that has now become public with regard to Brett Kavanaugh.  This email was leaked to the NY Times.  In it Kavanaugh says the following:

“I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,”

Oh no!!!  Brett Kavanaugh told someone in the White House 17 years ago that it might not be correct to call Roe v. Wade "settled" law because the Supreme Court could always change it.  That's actually quite correct.  The Court can change any of its precedents any time.  Apparently, that's not good enough for the Democrats on the committee.  They're outraged that Kavanaugh might consider Roe something other than settle law.  After all, Roe was ruled upon by the Supreme Court and followed again in further cases.

For all those who buy into this reasoning by the Dems, let me tell you about another Supreme Court case.  In Plessy v. Ferguson, the Supreme Court ruled in the second half of the 19th century that the Constitution was fine with "separate but equal" school systems in the South.  In other words, the Supreme Court upheld segregation as the law of the land.  As decades passed with further cases following Plessy, the Dems no doubt believe that Plessy got to the point where it was "settled law".  Then in 1954, in Brown v. Board of Education, the Supreme Court voted 9-0 to overrule Plessy and to declare segregation to be a violation of the constitutional rights of minorities.  So much for Plessy being "settled law".

The nonsense over what gets called "settled law" is really nothing more than that:  NONSENSE.  If Kavanaugh points out that the Supreme Court could change its precedents any time it wants, it does not mean anything whatsoever about his views of the validity or impropriety of Roe v. Wade.

If the Democrats want to make big ones our of little ones with regard to Judge Kavanaugh, they ought to at least find someone to advise them who understands how the Supreme Court actually works.  Right now, the only thing the Dems are being successful in achieving is looking like a bunch of morons. 

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