Author Archives: Stephen Henry Miller

A Kavanaugh Roundup

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These were a few of my favorite tweets:


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A Heroine

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Sen. Susan Collins has stood up to the mob and our republic will be the better for it. From her speech on the Senate floor:

Some argue that, because this is a lifetime appointment to our highest courts, public interest requires that doubts be resolved against the nominee. Others see the public interest as abiding to our longest tradition of affording to those accused of misconduct a presumption of innocence. In cases in which the facts are unclear, they would argue that the question should be resolved in favor of the nominee. Mr. President, I understand both viewpoints. This debate is complicated further by the fact that the Senate confirmation process is not a trial. But certain fundamental legal principles about due process, the presumption of innocence and fairness do bear on my thinking and I cannot abandon them. In evaluating any given claim of misconduct, we will be ill-served in the long run if we abandon the presumption of innocence and fairness, tempting though it may be. We must always remember that it is when passions are most inflamed that fairness is most in jeopardy. The presumption of innocence is relevant to the advice and consent function when an accusation departs from a nominee’s otherwise exemplary record.


The Human Rights Campaign, which believes women (except for Juanita Broaddrick…‎Paula Jones…‎Kathleen Willey…et al) responded predictably.

And here:

And the Women’s March weighed in:


Versus:


More, you say:


Let’s remember what’s driving the hysteria. Other than reflexive Trump hatred, it’s the demand for a Supreme Court that will oppose state restrictions on abortion, including limits on late-term abortion on demand, preferably done at taxpayer expense. (I agree with more-knowledgeable court-watchers that the likelihood of a whole-scale overturning of Roe by the conservatives on the court, especially under an incrementalist like Chief Justice Roberts, is virtually none.)
I know, I am not entitled to an opinion about terminating the lives of unborn babies.


Flashback
I wrote in September 2011 about Collins’ pivotal actions in overturning the military ban against openly gay service members:

Sen. Majority Leader Harry Reid, it should be noted, never pushed for repeal or any other pro-gay equality legislation, but his role with “don’t ask, don’t tell” was particularly egregious. In late 2010, he insisted that the repeal bill be combined with an appropriations measure that the GOP was determined to block, and did with its filibuster. Reid then declared it was the GOP’s fault that the repeal failed. An incensed Sen. Collins and Sen. Lieberman demanded that a separate, stand-alone “don’t ask” repeal bill be brought forward, and the media glare [they generated] forced Sen. Reid to capitulate. The stand-alone repeal was brought up for a vote and easily passed with the support of many senators, including Sen. Brown, who had voted against the combined appropriations/repeal bill. …

…Sen. Collins shared that she simply couldn’t, at first, believe what Sen. Reid was doing (and then charged to the podium to protest the maneuver and its foregone conclusion—to no avail).

Keeping “don’t ask, don’t tell” in place as a campaign and fundraising issue while blaming the GOP for blocking repeal was the strategy all along. For the same reasons, when Democrats had a big majority in the House and a filibuster-proof Senate majority for nearly two years (2009-10), and with a “progressive” president in the White House, they choose not to pass comprehensive immigration reform (or vote on a federal LGBT anti-discrimination measure, for that matter).

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Sorrow and Pity

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Andrew Sullivan writes:

And it is the distinguishing mark of specifically totalitarian societies that this safety is eradicated altogether by design. … You are, in fact, always guilty before being proven innocent. You always have to prove a negative. …
Perhaps gay people are particularly sensitive to this danger, because our private lives have long been the target of moral absolutists, and we have learned to be vigilant about moral or sex panics. For much of history, a mere accusation could destroy a gay person’s life or career, and this power to expose private behavior for political purposes is immense.
I’m not equating an accusation of attempted rape in the distant past with sodomy. I am noting a more general accusatory dynamic that surrounded Ford’s specific allegation. This is particularly dangerous when there are no editors or gatekeepers in the media to prevent any accusation about someone’s private life being aired, when economic incentives online favor outrageous charges, and when journalists have begun to see themselves as vanguards of a cultural revolution, rather than skeptics of everything.

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Modern Times

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The Washington Post looks at a gay male couple who decide not to tell their almost 3-year-old child whether she/he is a boy or a girl. Naya’s parents, Jeremy and Bryan, posted on Facebook: “If you interact with our kid, please make an effort to use Naya’s name, rather than a gendered pronoun.” In addition:

Jeremy and Bryan found themselves explaining [to Naya] that some people have penises and some have vaginas, and some have neither. Sometimes, having a vagina means feeling like a girl, but not always. They used their friends and relatives’ pictures to explain: Grandma is a woman; she likes to be called a she. Daddah is a man; he likes to be called a he. And Naya, they emphasized, could choose whatever Naya wanted.

Ultimately, readers are told that Naya decided to be a “she,” but we aren’t told whether Naya is biologically male or female.

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Annals of Hypocrisy

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More.

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The New McCarthyism

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Walter Olson blogged:

Sen. Kamala Harris (D-Calif.) took a quote in which Brett Kavanaugh summarized the positions taken by litigants in a lawsuit, snipped off his “But they said” language introducing the summary, and represented the remainder as Kavanaugh’s own position. News organizations like CNN, along with many persons in my timeline, ran with her version as a story.

I’ve been warning about Sen. Harris since back when she was California Attorney General and kept ignoring the ethical rules in high-profile cases. Among those cases: the Moonlight Fire litigation (judge, ordering state to pay $32 million to its opponent, said he could recall “no instance in experience over 47 years as an advocate and a judge, in which the conduct of the Attorney General so thoroughly departed from the high standard it represents”) and the Backpage prosecution (courts reject her theory of criminal liability over online sex ads, she orders execs raided and arrested anyway).

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What’s Good for RBG is Bad for Brett Kavanaugh, or So We’re Told

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A typical headline in the liberal media and by progressive activists (excuse the redundancy) this week was Brett Kavanaugh’s ‘Obergefell’ Comments On Gay Marriage Will Give You Pause. As Bustle.com put it:

Brett Kavanaugh’s comments on Obergefell and gay marriage rights revealed little about his personal opinions on the matter. … Despite [Sen. Kamala] Harris repeatedly asking for Kavanaugh’s personal opinion on the case, Kavanaugh never directly gave it.

This is only surprisingly to those who are unfamiliar with the so-called Ginsberg Standard, named after liberal icon and current Supreme Court Justice Ruth Bader Ginsberg, who during her own confirmation hearing refused to indicate how she would rule on controversial matters that could come before the court. While this hesitancy certainly wasn’t new, Ginsburg clearly enunciated the principle that judicial nominees must avoid offering “hints,” “forecasts” or “previews” of how they might rule since decisions should be made based on the evidence presented and application of the law, not preexisting personal beliefs.

While RBG clearly didn’t want to seem biased by revealing she would oppose any limitation on abortion on demand up until at least the baby’s delivery, regardless of its previous viability outside the womb at time of termination, the principle in itself was and is sound.

Liberal media and activists are trying to argue that what was good and right for RBG is evil and nefarious for BK, but it’s just partisan blather.

As we noted earlier, Kavanaugh was a safe, solid choice and progressives were poised to denounce anyone Trump nominated as an extremist ideologue (and they know all about being extremist ideologues). Moreover, as we posted when Justice Anthony Kennedy announced his retirement:

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The New Inquisition

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Walter Olson posted:

Brown University assistant professor Lisa Littman’s research, subjected to peer review, accepted and published in the journal PLOS One, “explored the reportedly growing phenomenon by which clusters of socially connected teenage girls, some beset by autism spectrum disorder and other mental health challenges, suddenly express feelings of gender dysphoria apparently without having experienced these earlier in life, as is more commonly the case.”

At Quillette.com, Jeffrey S Flier writes:

“Dr. Littman’s preliminary research suggested that this often occurs after heavy exposure to social-media content extolling the benefits of gender transition….[Following criticism by activists on social media and after hearing directly from unnamed individuals] Brown University deleted its initial promotional reference to Dr. Littman’s work from the university’s website—then replaced it with a note explaining how Dr. Littman’s work might harm members of the transgender community….
“Increasingly, research on politically charged topics is subject to indiscriminate attack on social media, which in turn can pressure school administrators to subvert established norms regarding the protection of free academic inquiry. What’s needed is a campaign to mobilize the academic community to protect our ability to conduct and communicate such research, whether or not the methods and conclusions provoke controversy or even outrage.”

More. David E. Bernstein writes:

Establishment voices that are usually raised very quickly at any hint of the politicization of science from right-wing political sources were notably silent. But can you imagine the reaction if the study had been one favorable to, say, same-sex marriage, and the same thing had happened after conservative evangelical Christian activists complained?

Gail Heriot writes, “This reminded me of when I drew the ire of transgender activists two years ago.”

Unintended consequences.

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