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Krugman writes: "At a fundamental level, the attempt to jam Brett Kavanaugh onto the Supreme Court closely resembles the way Republicans passed a tax cut last year. Once again we see a rushed, nakedly partisan process, with G.O.P. leaders withholding much of the information that's supposed to go into congressional deliberations."

Economist Paul Krugman. (photo: Getty Images)
Economist Paul Krugman. (photo: Getty Images)

Kavanaugh Will Kill the Constitution

By Paul Krugman, The New York Times

10 September 18

The legitimacy of the Supreme Court is on the line.

t a fundamental level, the attempt to jam Brett Kavanaugh onto the Supreme Court closely resembles the way Republicans passed a tax cut last year. Once again we see a rushed, nakedly partisan process, with G.O.P. leaders withholding much of the information that’s supposed to go into congressional deliberations. Once again the outcome is all too likely to rest on pure tribalism: Unless some Republicans develop a very late case of conscience, they will vote along party lines with the full knowledge that they’re abdicating their constitutional duty to provide advice and consent.

True, Kavanaugh is at least getting a hearing, which the tax bill never did. But he’s bobbing and weaving his way through, refusing to answer even straightforward questions, displaying an evasiveness utterly at odds with the probity we used to expect of Supreme Court justices.

No, the real difference from the tax bill story is that last year we were talking only about a couple of trillion dollars. This year we’re talking about the future of the Republic. For a Kavanaugh confirmation will set us up for multiple constitutional crises.


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-3 # Rodion Raskolnikov 2018-09-10 12:25
More empty hand-wrining and fear mongering. The sky is falling, the sky is falling. If confirmed, Kananaugh will be no worse than many people now on the court. Scalia was worse than Kavanaugh will ever be.

Kavanaugh won't "kill the constitution." That was done a long time ago. Remember when Bush said to a member of congress,

"I don't give a god damn, I'm the President and the Commander-in-Ch ief. Do it my way. Stop throwing the Constitution in my face, it's just a god damn piece of paper!"

I don't know how you kill it any more than that.

It is certainly true that Kavanaugh is one of those hypocritical "originalists," those who think they can divine what the writers of the constitution intended back in 1787 as if that really mattered today. We all know that. We don't need to be made afraid by people like Krugman.
+2 # dbrize 2018-09-11 11:13
Krugman is a joke. This is a man of high intelligence selling himself to the POB. He is far to smart to believe this crap. The height of phoniness.

We are living in a post constitutional age that has been thrust upon us in a gradual, boiling fogs manner.

Truman began the modern process of avoiding the constitution by getting us into Korea without a declaration of war, paving the way ever since and culminating in the ability to wage permanent actions at the discretion of the executive.

The discovery by Justice Douglas of “penumbras and emanations” doctrine gave quasi legislative authority to a branch unauthorized by the constitution to do such.

And now we have accepted the clearly unconstitutiona l FISA courts complete with defenestration of fourth amendment rights and habeas corpus.

The wolves are protecting the henhouse. The constitution is moribund.
+3 # Rodion Raskolnikov 2018-09-11 15:16
America is a nation of boiling frogs. That's very good.
+7 # margpark 2018-09-10 14:43
They are in a big hurry to get him on the court because they fear it would be a lost cause after the mid-terms. The Trump administration has been hurriedly filling court posts with right wing judges all over the country. Many judgeships were vacant because congress wouldn't confirm judges for President Obama.
-5 # skylinefirepest 2018-09-10 15:19
I guess krugman's been hitting the sauce again...just in recent history the democraps have actually said that Kavanaugh was an exemplary judge. Now that he has been put forth on SC ticket you loonie liberals think he's just shy of a baby reaper! Amazing how you guys change outlooks like the skin of a snake!
+2 # Cowboy 45 2018-09-10 16:45
He somehow managed to get through that entire article without one sentence to support the argument for the title of the article.
+3 # draypoker 2018-09-11 04:33
The psychopath Trump will always hope to appoint similar defectives to office. When he goes the whole system will be left harbouring such inadequates. Will it survive?
0 # mashiguo 2018-09-11 12:05
The system is already dead. It was stillborn. The constitution is beyond outdated. Time to reconstitute the country as a whole, not a bunch of factionalized peurile pouting provinces falsely weighted towards dysfunction.
0 # reality 2018-09-13 12:01
Great work. Yet, felonious Kavanaugh's, as he's lied six times to Congress (and should be impeached from his current Appeals Court Judge position instead of being illegally installed in the Supremacy Court), attempted installation in the Supremacy Court is more like RumputiN's felonious crime family being installed in the Blackhouse by the united suck of assassins police, military, intelligence industrial complexes, O'bama, tea partiers, remocrats dempublicans (that's dinos and DinoS, dem soc), wiki leaks, Assange, sinos, dinos, ainos, linos, ginos (I was aghast when I first saw Stein across the table from utin and rump in Moscow on the news), as well as global hackers, and the monetizing of the social media too far, 'cause money's all that matters, Moore monetizing on Trump's name by using 'Trumpland' as the title of his book before the 11-16 election, even though he knew full well it would inspire remocrats to get out the vote more and realize a swing of some votes to RumputiN because a % of our polity just wants to vote for who they think will win for bragging rights, Barr, Kanye, etc.. RumputiN feloniously dictated that the 100k documents that the Senate requires additionally would not be provided; Kavanaugh cannot be confirmed!!! This is criminal procedure as well- don't allow anything to procedd to a confirmation of the criminal Kavanaugh. reality
0 # RMF 2018-09-22 11:25
So, according to comments from all of you GOP wolves in progressive sheep clothes, many of you are OK with Kavanaugh?

By the way, would someone explain how the FISA court has acted to repeal the bar against unlawful search and seizure, as that is what the 4th Amendment is all about. (Trick question -- the 4th amendment remains applicable to judicial process, but an Investigation is not a seizure. If an individual is suspected of criminal conduct law enforcement is free to investigate that individual, stake out the premises of said individual, or put a tail on the suspect or target -- that has been the law for decades, and there is nothing new here with FISA courts.

And more to point the FISA court acts only on presentation of an "Oath or affirmation" per the 4th Amendment.

And moreover, the writ of habeas corpus is a civil action (not a criminal pleading) taken against the unlawful seizure of a person. The defendant in a habeas action is usually the warden of a prison, but it could be some other person or official body where facts are applicable.

So, all you phony progressives are doing a very poor job of getting your facts straight, but I guess that is immaterial when it comes to efforts seen commonly here on RSN to spew forth pro-GOP sentiment.

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