I learned a new phrase on Tuesday: “The Roberts Five,” which I won’t forget. I also learned more about how “The Roberts Five” overwhelmingly favors the Rich, the Right, and the Aggressively “Christian” (Male) White. If Kavanaugh is confirmed, we’ll probably ALL know this phrase, too well.
As a journalist, I mostly have the “Quaker beat” to myself: Friends are a tiny sect, known mostly for being “quaint,” the inventors of oatmeal, riders in buggies, and extinct. (Never mind that the last three are not true; they’re still what we’re “known” for, by many in what the elders used to call “the world,” when such folk bother to think about us at all.) So when I report on Quaker stuff, it’s rare that I have to compete with “normal” reporters.
But sometimes I get scooped; and that happened again today, and in no less an outlet than the New York Times. (But hey, if you’re gonna get scooped, it might as well be by the best.)
And why would the Times bother with us? If you don’t already know, think for a minute: The Times’ base constituency is the affluent (and up) of the nation’s largest city. And what artifact of Quakerism are such moneyed folk most likely to bump into? (Hint: nothing to do with oatmeal.)
Senator Sheldon Whitehouse: Tomorrow, we will hear a lot of “confirmation etiquette.” It’s a sham.
Kavanaugh knows the game. In the Bush White House, he coached judicial nominees to just tell Senators that they will adhere to statutory text, that they have no ideological agenda. Fairy tales.
At his hearing, Justice Roberts infamously said he’d just call “balls and strikes,” but the pattern – the 73-case pattern – of the Roberts Five qualifies him to have NASCAR-style corporate badges on his robes.
Alito said in his hearing what a “strong principle” stare decisis was, an important limitation on the Court. Then he told the Federalist Society stare decisis “means to leave things decided when it suits our purposes.”
Gorsuch delivered the key fifth vote in the precedent-busting, but also union-busting, Janus decision. He too had pledged in his hearing to “follow the law of judicial precedent,” assured us he was not a “philosopher king,” and promised to give equal concern to “every person, poor or rich, mighty or meek.”
How did that turn out? Great for the rich and mighty: Gorsuch is the single most corporate-friendly justice on a Court already full of them, ruling for big business interests in over 70 percent of cases, and in every single case where his vote was determinative.
The president early on assured evangelicals his Supreme Court picks would attack Roe v. Wade. Despite “confirmation etiquette” assurances about precedent, [Kavanaugh’s] own words make clear [he doesn’t] really believe Roe v. Wade is settled law.
We have seen this movie before. We know how it ends.
My situation now became precarious to the last degree: two very large [alligators] attacked me closely, at the same instant, rushing up with their heads and part of their bodies above the water, roaring terribly and belching floods of water over me. They struck their jaws together so close to my ears, as almost to stun me, and I expected every moment to be dragged out of the boat and instantly devoured.
But I applied my weapons so effectually about me, though at random, that I was so successful as to beat them off a little; when, finding that they designed to renew the battle, I made for the shore, as the only means left me for my preservation, for, by keeping close to it, I should have my enemies on one side of me only, whereas I was before surrounded by them, and there was a probability, if pushed to the last extremity, of saving myself, by jumping out of the canoe on shore, as it is easy to outwalk them on land, although comparatively [they were] as swift as lightning in the water.
I found this last expedient alone could fully answer my expectations, for as soon as I gained the shore they drew off and kept aloof. This was a happy relief, as my confidence was, in some degree, recovered by it. On recollecting myself, I discovered that I had almost reached the entrance of the lagoon, and determined to venture in, if possible to take a few fish and then return to my harbour, while day-light continued; for I could now, with caution and resolution, make my way with safety along shore, and indeed there was no other way to regain my camp, without leaving my boat and making my retreat through the marshes and reeds, which, if I could even effect, would have been in a manner throwing myself away, for then there would have been no hopes of ever recovering my bark, and returning in safety to any settlements of men. I accordingly proceeded and made good my entrance into the lagoon, though not without opposition from the alligators, who formed a line across the entrance, but did not pursue me into it, nor was I molested by any there, though there were some very large ones in a cove at the upper end.