Jim Geraghty of National Review and Greg Corombos of Radio America applaud Politifact for not trying to explain away the birth control smear Sen. Kamala Harris aimed at Supreme Court nominee Brett Kavanaugh and giving Harris “four Pinocchios.” They also cringe as a new batch of polls show President Trump’s approval taking a hit in recent weeks, because that may mean bad news in November for Republicans in competitive races. And they pause to remember the anguish of the terrorist attacks that happened on this date in 2001 and the resolve we still need to confront today’s threats.
Jim Geraghty of National Review and Greg Corombos of Radio America get a kick out of Missouri Rep. Billy Long drowning out a protester during a House committee hearing by drawing upon his old auctioneering skills. They also scratch their heads as an anonymous administration official writes an op-ed in the New York Times to explain how the Trump White House is in chaos and that many people are secretly thwarting Trump’s worst instincts, but they wonder why anyone would go public about secretly undermining the president. And they roll their eyes as Cory Booker invites punishment for releasing confidential materials connected to the Brett Kavanaugh hearings – and that was before we found out the documents were no longer actually confidential.
Jim Geraghty of National Review and Greg Corombos of Radio America sigh as Democrats repeatedly interrupt the start of the Brett Kavanaugh confirmation hearings in a futile attempt to delay him from joining the court. They also give John Kerry credit for explaining how President Obama’s failure to enforce the red line over chemical weapons in Syria led to major diplomatic headaches. And they respond to calls for Meghan McCain to replace her father in the U.S. Senate by saying such seats are not family heirlooms and any family members who wants to serve should have to get elected.
Jim Geraghty of National Review and Greg Corombos of Radio America cheer up as they see new Senate polls showing Rick Scott with a healthy lead in Florida and Republicans within striking distance in Wisconsin. They also shake their heads as Sen. Elizabeth Warren issues perfunctory condolences to the family of Mollie Tibbetts but says we need to focus on our real immigration problems. And they marvel at Senate Democrats, who now insist that the consideration of Supreme Court nominee Brett Kavanaugh must wait because Michael Cohen has accused President Trump of a campaign finance violation.
Listen to “Absurd Anti-Kavanaugh Arguments, Birth Rates Dropping, Netflix Cancels Louis Farrakhan’s Film” on Spreaker.
Jim Geraghty of National Review and Chad Benson of Radio America watch in amusement as Democrats invent ridiculous arguments against Judge Brett Kavanaugh’s confirmation, such as Sen. Richard Blumenthal’s (D-Conn) statement that President Donald Trump “would be a monarch if Brett Kavanaugh becomes a Supreme Court justice.” They also worry about America’s fertility rate falling to a 42-year low and the factors contributing to the decline, such as low marriage rates and the prevalence of birth control. And they are happy to see Netflix cancel the show of the Nation of Islam Leader Louis Farrakhan.
Listen to “Schumer’s Silly SCOTUS Strategy, Bernie’s $3.2 Trillion Single-Payer Scheme, TSA Monitors Sweaty People” on Spreaker.
Jim Geraghty of National Review and Rich McFadden of Radio America break down Senate Minority Leader Chuck Schumer’s request that red-state Democrats remain neutral on Brett Kavanaugh’s nomination to the Supreme Court. They also cannot believe that some Democrats are seriously considering the idea of almost doubling the federal budget to pay for Sen. Bernie Sander’s Medicare-for-all program. And they cannot find any examples of malfeasance in the Boston Globe’s story about the TSA’s passenger-monitoring program that tracks people who sweat too much and urinate too often.
Listen to “9th Circuit Backs 2nd Amendment, Booker Unhinged, Tariffs Trigger Welfare” on Spreaker.
Jim Geraghty of National Review and Greg Corombos of Radio America are pleasantly stunned to see the 9th Circuit Court of Appeals uphold the right to carry a firearm in public. They also roll their eyes as New Jersey Sen. Cory Booker suggests supporting Supreme Court nominee Brett Kavanaugh makes one “complicit in evil.” And they slam President Trump for extending $12 billion in agricultural welfare to farmers who are getting hammered in Trump’s trade war.
Listen to “McConnell’s SCOTUS Strategy, Minimum Wage Woes, NFL Re-Reviews Anthem Policy” on Spreaker.
Jim Geraghty of National Review and Greg Corombos of Radio America give credit to Senate Majority Leader Mitch McConnell for countering Democratic demands for a million pages of documents on Supreme Court nominee Brett Kavanaugh by suggesting the Senate vote on him may come just days before the election. They also mourn the impending loss of many entry-level jobs at places like McDonald’s due to minimum wage hikes and technological advancements. And they roll their eyes at the NFL’s inability to enforce a policy on kneeling during the anthem just days after the Miami Dolphins threatened to suspend players for not standing.
A law professor who clerked for both Supreme Court nominee Brett Kavanaugh and retiring Supreme Court Justice Anthony Kennedy says President Trump made a terrific selection and is confident that Kavanaugh would be a justice who is faithful to the text of the law and not any policy agenda.
Justin Walker teaches at the Brandeis School of Law at the University of Louisville. He clerked for Kavanaugh in 2010-2011, and was thrilled to hear Trump nominate him to the high court.
“He’s impeccably credentialed. He was a great lower court judge. He’s going to bring independence and fairmindedness and brilliance to the job.
“I was also happy for him, may mentor and former boss, someone who has always been unfailingly kind to me, unfailingly supportive to all of his 48 former clerks. Every one of us would say that any time we have a career decision to make, one of the first people we call to ask for advice is judge Kavanaugh,” said Walker.
Walker says that Kavanaugh is a hard worker, something he saw up close and that he heard from Justice Kennedy, whom Kavanaugh clerked for years ago.
“The thing he would always mention about Judge Kavanaugh is how hard-working he had been. He would say, ‘Brett was always in his chair when I’d get here in the morning. He was always in his chair at his desk when I’d leave at night. I’d say, ‘Brett, you work too hard. You need to go home.’ But then I’d come back in the morning and he’d be right there in his chair,'” said Walker.
As a result of Kavanaugh’s work ethic, Walker says he really didn’t need his clerks to do a lot of work but he did include them in robust discussion about the cases.
“He always wanted to know what the law says. What does the text say? I’m quite sure he never asked his clerks, ‘What do you think is the best policy outcome for this case?,” said Walker.
“He wanted us to dig deep with him in terms of trying to figure out the meaning of the law, starting with the text and then going to structure, precedent, history, all the tools a judge with solid legal principles uses in order to try to find the right answer,” said Walker.
And Walker says Kavanaugh leaves his own opinions out of decisions as well.
“I know Judge Kavanaugh believes it’s the job of the judge to say what the law is and not what the law should be. Judges should not be in the business of inventing law that they think would make the world a better place,” said Walker. “He approached every issue without passion or prejudice for any party or any political outcome.”
Walker says Kavanaugh also has deep reverence for judicial precedent, as one can read in the judge’s 1,000-page book “The Law of Judicial Precedents.”
“What I saw in page after page and chapter after chapter is Judge Kavanaugh talking about the importance of respect for judicial precedents and that the virtues of having that respect include keeping the law settled, promoting consistency, promoting predictability and furthering the rule of law.
“That’s not to say there aren’t extraordinary circumstances when a precedent should be overruled,” said Walker, noting critical reversals in history such as Brown v. Board of Education reversed the “separate but equal” logic of Plessy v. Ferguson.
“Only under extraordinary circumstances should a precedent be overrruled. That’s what Judge Kavanaugh says in his book. He says in the book that a change in the court’s personnel should not throw former decisions open to reconsideration,” said Walker.
Jim Geraghty of National Review and Greg Corombos of Radio America celebrate President Trump’s pick, Judge Brett Kavanaugh, to replace Justice Anthony Kennedy on the Supreme Court. They also reflect on what could have been had Trump nominated Catholic, conservative, mother-of-seven Judge Amy Coney Barrett. And they dismiss the single-source claim of NBC Reporter Leigh Ann Caldwell that Kennedy negotiated his replacement to be Kavanaugh before he stepped down. They also highlight the volatile protesters, who appeared with signs to reject any candidate that Trump selected and who forced Fox News Host Shannon Bream to cancel her show outside the Supreme Court.