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900 Law Professors Have Signed This Letter

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https://docs.google.com/forms/d/1j9eWOK_v5a11Z7tsRIQ8AX_VtzvAZXR03wAdKDxA4TE/viewform?edit_requested=true

Open Letter to the United States Senate from Law Professors Around the Country

Judicial temperament is one of the most important qualities of a judge. As the Congressional Research Service explains, to be a judge requires that an individual have “a personality that is evenhanded, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result.” [1] The concern for judicial temperament dates back to our founding; in Federalist Paper 78, entitled “Judges as Guardians of the Constitution,” Alexander Hamilton expressed the need for “the integrity and moderation of the judiciary.”
We are law professors who teach, research, and write about the judicial institutions of this country. Many of us appear in state and federal court, and our work means that we will continue to do so, including before the United States Supreme Court. We regret that we feel compelled to write to you to provide our views that at the Senate hearings on Thursday, September 27, 2018, the Honorable Brett Kavanaugh displayed a lack of judicial temperament that would be disqualifying for any court, and certainly for elevation to the highest court of this land.

The question at issue was of course painful for anyone. But Judge Kavanaugh exhibited a lack of commitment to judicious inquiry. Instead of being open to the necessary search for accuracy, Judge Kavanaugh was repeatedly aggressive with questioners. Even in his prepared remarks, Judge Kavanaugh located the hearing as a partisan question, referring to it as “a calculated and orchestrated political hit,” rather than acknowledging the need for the Senate, faced with new information, to try to understand what had transpired. Instead of trying to sort out with reason and care the allegations that were raised, Judge Kavanaugh responded in an intemperate, inflammatory, and partial manner, as he interrupted and, at times, was discourteous to questioners.

As you know, under two statutes governing bias and recusal, judges must step aside if they are at risk of being perceived as or of being unfair. See 28 U.S.C. §§ 144, 455. As this Congress has put it, a judge or justice “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 USC § 455. These statutes are part of a myriad of legal commitments to the impartiality of the judiciary, which is the cornerstone of the courts.

We have differing views about the other qualifications of Judge Kavanaugh. But we are united, as professors of law and scholars of judicial institutions, in believing that Judge Kavanaugh did not display the impartiality and judicial temperament requisite to sit on the highest court of our land.

Signed, with institutional affiliation listed for identification purposes only,

[ALL SIGNATURES IN ALPHA ORDER HERE]

[1] See Congressional Research Service, “Supreme Court Appointment Process: President’s Selection of a Nominee,” June 27, 2018, at 12 (available at https://fas.org/sgp/crs/misc/R44235.pdf) (citing Miller Center of Public Affairs, Improving the Process of Appointing Federal Judges at 10 (Charlottesville, VA: University of Virginia, May 1996)).

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It's gotta be clear to anyone who's not just a stubborn fuck that this guy's a horrible choice. They can ram him through, sure, but he's going to forever be tainted and it's always going to be a divisive choice. I know "elections have consequences" and I accept that -- it's why I fought so hard in the last election and have no patience with "protest voters" who went Jill Stein or wrote in Bernie or whatever -- but every government still has a responsibility to all the people, not just a small cult of committed idiots. And those committed idiots will accept anything, anyway. Last night in Southhaven Trump's cultists were clubbing their stunted little forelimbs together and making their hooting noises when he said "Kavanaugh's great!"... and then again a minute later when he said, "...and I don't even KNOW the guy!" Just ridiculous, the whole thing.

When there's this much doubt, just flush and try somebody else. Not every choice is going to be this contentious. Gorsuch got through, no problem, because he didn't have that kind of past. I don't think much of the Republicans, but I'm sure they're not scraping the bottom of the barrel so hard that Kavanaugh is the best they can come up with. Trump just wants him because Kavanaugh doesn't respect the rule of law as applies to presidents... or, at least, not Republican presidents. Trump is a criminal and he needs a judge who's willing to be a criminal, too.

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This man is not a horrible choice. They started with the proposition that he was an evil man. They attacked him outside his legal career or his cases. The fact that he got angry with this political smear campaign does NOT disqualify this justice, and I could get a letter from a thousand judges who support him, but then again judges are not politically inclined law professors......please please....know what the F you are talking about. He has Never shown bias or lack of judicial knowledge in any of his 300 cases available for review....but this was not about a traditional confirmation....It was about resist, and the judge's due process and fair hearing requirements under Equal protection guarantees were thrown out the window.

The whining continues....but he will be confirmed. I mean come on children, gather around.....I have a new fairy tale which you can get excited....... Embarassed

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2seaoat wrote:This man is not a horrible choice.  They started with the proposition that he was an evil man.  They attacked him outside his legal career or his cases.  The fact that he got angry with this political smear campaign does NOT disqualify this justice, and I could get a letter from a thousand judges who support him, but then again judges are not politically inclined law professors......please please....know what the F you are talking about.  He has Never shown bias or lack of judicial knowledge in any of his 300 cases available for review....but this was not about a traditional confirmation....It was about resist, and the judge's due process and fair hearing requirements under Equal protection guarantees were thrown out the window.

The whining continues....but he will be confirmed.  I mean come on children, gather around.....I have a new fairy tale which you can get excited....... Embarassed

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zsomething wrote:It's gotta be clear to anyone who's not just a stubborn fuck that this guy's a horrible choice.   They can ram him through, sure, but he's going to forever be tainted and it's always going to be a divisive choice.  I know "elections have consequences" and I accept that -- it's why I fought so hard in the last election and have no patience with "protest voters" who went Jill Stein or wrote in Bernie or whatever -- but every government still has a responsibility to all the people, not just a small cult of committed idiots.    And those committed idiots will accept anything, anyway.  Last night in Southhaven Trump's cultists were clubbing their stunted little forelimbs together and making their hooting noises when he said "Kavanaugh's great!"... and then again a minute later when he said, "...and I don't even KNOW the guy!"   Just ridiculous, the whole thing.

When there's this much doubt, just flush and try somebody else.   Not every choice is going to be this contentious.  Gorsuch got through, no problem, because he didn't have that kind of past.  I don't think much of the Republicans, but I'm sure they're not scraping the bottom of the barrel so hard that Kavanaugh is the best they can come up with.   Trump just wants him because Kavanaugh doesn't respect the rule of law as applies to presidents... or, at least, not Republican presidents.   Trump is a criminal and he needs a judge who's willing to be a criminal, too.


cheers   cheers    cheers    cheers    cheers    cheers  cheers

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But Otis had pride. Kavanaugh lost his pride decades ago.






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Make that 1,700 law professors, including Yale.
And a Jesuit magazine.
And the ACLU.
And the largest protestant coalition in the US.
And women.

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Keep digging stupid... lol. jocolor

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Floridatexan wrote:
Make that 1,700 law professors, including Yale.
And a Jesuit magazine.
And the ACLU.
And the largest protestant coalition in the US.
And women.

Yep. But they'll ram him through anyway, just out of willfulness. And they'll be resented for his entire time on the bench for doing it.

George H.W. Bush rammed through Clarence Thomas... in his first term, because there wasn't a second. Partially because... George H. W. Bush rammed through Clarence Thomas.

They'll be celebrating their "victory," I'm sure, but there's a price. War of attrition is seldom a very good strategy, and they could have avoided it all and still gotten a conservative judge. But, nope, Trump needed his guy who says that presidents (at least Republican ones) are above the law.

He'll get it. But, there'll be a bill come due.

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If the Democrats win the house, they'll start impeachment proceedings against him (Kavanaugh) and his tenure will be permanently tarnished. The November election might deliver a political earthquake as severe as the election of Trump.

Things are going to get worse--a LOT worse--before they get better.

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If the Democrats win the house, they'll start impeachment proceedings against him (Kavanaugh) and his tenure will be permanently tarnished. The November election might deliver a political earthquake as severe as the election of Trump.

Things are going to get worse--a LOT worse--before they get better.


Impeachment.....Dear God, do they teach remedial math anymore. Stupid is lining up pretty consistently now......and his tenure will be permanently tarnished.......like anybody knowledgeable is concerned about your hollow declarations. His decisions will be consistent and brilliant. I really do not think you folks know who you are dealing with......he had a diary in high school......these folks are built different from you and I......genius is rare to find.

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2seaoat wrote:
Impeachment.....Dear God, do they teach remedial math anymore.  Stupid is lining up pretty consistently now......and his tenure will be permanently tarnished.......like anybody knowledgeable is concerned about your hollow declarations.   His decisions will be consistent and brilliant.  I really do not think you folks know who you are dealing with......he had a diary in high school......these folks are built different from you and I......genius is rare to find.

Do they teach remedial grammar and punctuation?

I'll tell you, Seaoat, sometimes I can't figure out what you're saying. Over-and-over again, post after post, you start out okay with a couple of normal sentence then it looks like you have a rage-fueled seizure and lapse into angry stream-of-consciousness drivel punctuated with elipses.

Honestly, Seaoat, WTF?

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Honestly, Seaoat, WTF?

Yep, being right all the time is a heavy burden.....especially when you think I am in some sort of rage......really this was about simple intelligence and some folks can meet the threshold, and others cannot meet the intellectual threshold. You are having difficulty with these concepts. So it is no surprise that you were wrong and think I am a dumb F......in social psychology they call that balance theory.....You think you are a well informed smart guy........you think the judge is not qualified.....I think the judge is qualified. The only way you can find balance is to admit you were a fricking fool, or attack me as being unworthy which would bring balance to your insular world. I know I have not challenged you in a while to get those brain cells working, but you have fallen flat on your face in this analysis. I have been soaring in another shameless seaoat gloating dance......but sadly realize that such dumb aszes are incapable of beating trump.

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2seaoat wrote:Honestly, Seaoat, WTF?

Yep, being right all the time is a heavy burden.....especially when you think I am in some sort of rage......really this was about simple intelligence and some folks can meet the threshold, and others cannot meet the intellectual threshold.  You are having difficulty with these concepts.  So it is no surprise that you were wrong and think I am a dumb F......in social psychology they call that balance theory.....You think you are a well informed smart guy........you think the judge is not qualified.....I think the judge is qualified.   The only way you can find balance is to admit you were a fricking fool, or attack me as being unworthy which would bring balance to your insular world.   I know I have not challenged you in a while to get those brain cells working, but you have fallen flat on your face in this analysis.   I have been soaring in another shameless seaoat gloating dance......but sadly realize that such dumb aszes are incapable of beating trump.

No one is right all the time, least of all you. Your dumb ass* (correct spelling) rails against Drumpf, and then you want to see this asshole* (correct spelling) confirmed, who is Drumpf's get-out-of-jail-free card. You are truly STUPID, and I'm frankly sick and tired of your dumb ass. (again, correct spelling).

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zsomething wrote:
Floridatexan wrote:
Make that 1,700 law professors, including Yale.
And a Jesuit magazine.
And the ACLU.
And the largest protestant coalition in the US.
And women.

Yep.  But they'll ram him through anyway, just out of willfulness.  And they'll be resented for his entire time on the bench for doing it.  

George H.W. Bush rammed through Clarence Thomas... in his first term, because there wasn't a second.  Partially because... George H. W. Bush rammed through Clarence Thomas.  

They'll be celebrating their "victory," I'm sure, but there's a price.  War of attrition is seldom a very good strategy, and they could have avoided it all and still gotten a conservative judge.  But, nope, Trump needed his guy who says that presidents (at least Republican ones) are above the law.  

He'll get it.  But, there'll be a bill come due.






He will always be the corrupt tainted judge and they and theirs will roast like pigs in hell. Twisted Evil

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