jmhendersonsr Profile picture
Sep 8, 2018 21 tweets 5 min read Twitter logo Read on Twitter
Like many of you, I followed the four days of hearings by the Senate Judiciary Committee on the nomination of Brett Kavanaugh to the Supreme Court of the United States.

Here's what I learned:

@SenWhitehouse @SenFeinstein @CoryBooker #JudgeKavanaugh #RoevWade #obergefell
The Democrats in the Senate are unhinged. Their disgraceful conduct insures that future nomination proceedings will more likely be carnival sideshows of screeching protestors interspersed with Senators demanding to ask questions and refusing to allow answers w/out interruption.
Then, of course, there were individual standouts:

Sen. Booker is an ass that likes having attention paid to himself. Sen. Whitehouse is an ass that likes to accuse others of wrong-doing without evidence thereof. Sen. Feinstein is an ass that lies about abortion statistics.
On the other hand:

Brett Kavanaugh writes a personal evaluation and performance letter to each of the young girls that play on the team he coaches.
Brett Kavanaugh pursued the cause of the disparity in the numbers of women federal judicial clerks and sought solutions that would remove structural unfairness in the pipeline that often leads from law school to clerkships to government counsel to judge to Supreme Court justice.
Brett Kavanaugh teaches.

Brett Kavanaugh mentors.

Brett Kavanaugh feeds the disadvantaged through a local church feeding program.

Brett Kavanaugh thoroughly prepares for every case to which he is assigned.

Brett Kavanaugh actively engages counsel during oral argument.
Brett Kavanaugh understands the need for justice to be done and to be understood.
Brett Kavanaugh has continuously pressed for reformation in sentencing guidelines to avoid the injustice of sentencing enhancements based on conduct charged but for which a criminal defendant has been acquitted.
Brett Kavanaugh's appellate opinions have been expressly adopted in 13 decisions of the Supreme Court.
Brett Kavanaugh is a regular joe, despite his Ivy League education, even the bartender at the neighborhood bar where he enjoys a beer and a burger did not know that he was a federal appellate judge until he saw the announcement of Trump's nomination of Kavanaugh.
Will Kavanaugh overturn Roe v. Wade? Obergefell v. Hodges?

Well, you see, here's the thing. Justices of the Supreme Court can't issue LAWS, in the way that the Congress or State legislatures do.
Rather, the Supreme Court decides cases. So, if Judge Kavanaugh wanted to overturn Roe or Obergefell, he will have set himself quite a task.

First, he'd have to arrange for a case to come before the Court.
Second, he'd have to ensure that reversing Roe (Obergefell) was a necessary component of the resolution of the case the Court heard. Third, he'd have to gain the support of four other justices for the decision.
And, fifth, the decision would have to be unimpeachable ... by that I mean that no PROCEDURAL irregularity might arise by which Justice Kavanaugh could be impeached.
(Imagine, for example, a justice corruptly conspiring to bring particular cases to the Court or obtain particular results from the Court).

I certainly hope that Roe is reversed.
It is a constitutional abomination in which judges substituted their policy preferences for the text of the Constitution. By doing so, the Roe Court rightly brought opprobrium on itself and on the judicial process.
Worse, it is a product of the worst kind of shabby historical review and reasoning.
Harry Blackmun's phony historical analysis -- on which he rested his view that States did not claim an interest in the lives of children before birth in enacting America's original abortion statutes -- is flatly contradicted by the texts of those statutes,
by their legislative histories, and by the histories of the judicial enforcement of those statutes before Roe v. Wade.
Neither of those considerations, however, can mask the gravest horror of Roe: the millions of unlived lives, unsung songs, unshared moments of bliss and sorrow, all lost in a fatal fantasy of freedom.

#prolife #ConfirmKavanaugh ##thewrittenconstitution
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More from @Jmhenderson58

Sep 17, 2018
@bexbexbex26 @BFriedmanDC I assume that your avatar is an indication of your interest in the law, but I may be wrong. If you are an attorney, then you will be aware of the many presumptions that courts permit juries to invoke in resolving disputes.
@bexbexbex26 @BFriedmanDC One such presumption is that an innocent person, when accused falsely of some act, will speak out, objecting to the false accusation. In fact, one's silence in face of such accusations is admissible evidence. Consider a case of vehicular homicide decided on the California SCT:
@bexbexbex26 @BFriedmanDC…

As the article proposes and the decision demonstrates, refusing to answer questions can be testified to before the jury IN A CRIMINAL CASE!
Read 7 tweets
Sep 3, 2018
@AlisonFrankel @NatashaBertrand @glennkirschner2 I can't answer with certainty, but I can imagine, based on working w/ Jay since 1988, and for him from 1989 until 2012 when was fired. In that period, Sekulow did not (a) do original research on legal issues we handled, first at CASE, then at ACLJ, (b) draft legal arguments.
@AlisonFrankel @NatashaBertrand @glennkirschner2 In fact, while teaching a course on Litigating Federal Civil Rights Claims, I was discussion the problem of plagiarism in legal writing, and the related problem of ghost-writing of legal products.
@AlisonFrankel @NatashaBertrand @glennkirschner2 One of my Regent University School of Law students interrupted to tell the story of Sekulow's Regent doctoral dissertation. He claimed that he researched and drafted the dissertation draft for Sekulow. Seemed entirely plausibe to me, Jay uses others to write ALL THE TIME.
Read 8 tweets
Sep 2, 2018
What does tyranny look like?

Here's a letter to General Winfield Scott from Abraham Lincoln:
"To the Commanding General of the Arm of the United States

You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of the military line, which now used between the City of Philadelphia and the City of Washington,
via Perryville, Annapolis City, and Annapolis Junction, you find resistance which renders it necessary to suspend the writ of Habeas Corpus for the public safety, you, personally or through the officer in command at the point where the resistance occurs,
Read 40 tweets
Aug 30, 2018
@tribelaw "mourning a great man" while sitting next to her husband and the other sixth graders.
@tribelaw Notice that the flash nearly whitens #muhammedali into non-existence, and that the focus is sharpened on the baby king, @BarackObama: Obama: Look, I don't know why he has to be in the picture, but make sure the flash washes him out!
@tribelaw @BarackObama Not that Obama ignored Mandela's imprisonment, just that he falsely equated himself with the political prisoner by having a photo of him behind the bars that once held Mandela in: Obama: No, I'm sorry, I prefer the photo of myself behind those bars, not the ones of Mandela!
Read 5 tweets
Aug 30, 2018
@mirandayaver Yes, it is shameful.

In the meantime, here's a photograph tweeted by President Obama. Depicted is Rosa Parks, who fought to win equal accommodations rights for African Americans.

@mirandayaver Terrible, terrible. How could Trump confuse himself for John McCain? I mean, it would be like tweeting a photograph of yourself touring a political prisoner's former cell, right?

@mirandayaver Now, of course, @barackobama did know how to include a photo of the deceased in one of his honorifcal tweets. His tweet on the passing of Muhammed Ali proves that. But because you want to pretend that knowing how to pic the photo for your tweet is significant, here's Obama's: Yes, Obama praised war resister Muhammed Ali, but weeks later he inflamed the Afghanistan conflict, leading to thousands of additional civilian deaths. #hypocrisymuch
Read 5 tweets
Aug 25, 2018
@tribelaw A lot easier to say when the one being taken down is "not your guy."

Fact is, we've just been through 8 years of hell brought to us in the form of a president who most certainly was "not our guy."

So, no, don't misunderstand just how dangerous the game is that you play.
@tribelaw The $$$ from @HillaryClinton's 2016 campaign buying fake information dossier from disgraced former British spy, @johnpodesta's @jouleunlimited $75K in stocks, @BarackObama's, "I'll have more flexibility after the election."
@tribelaw @HillaryClinton @johnpodesta @jouleunlimited @BarackObama The Democrats have been the Russian collusion since BEFORE there was such a thing as Russian collusion.

Process crimes, overcharging to terrorize to obtain plea arrangements providing fruitful "information," none of that sits well on typical Americans.
Read 5 tweets

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