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Supreme Court confirmation hearings have reputation for being political circuses, despite often being tame

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Supreme Court confirmation hearings have reputation for being political circuses, despite often being tame

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There are many methods to boost Cain. 

Cousins increase Cain at household reunion picnics. Shareholders increase Cain at board conferences over dangerous earnings reviews. Basketball coaches increase Cain with referees on the sideline.

However no one raises Cain just like the Senate on the affirmation listening to of a Supreme Courtroom justice. 

SENATE CONFIRMATION HEARINGS TO BEGIN FOR BIDEN’S SUPREME COURT PICK JUDGE KETANJI BROWN JACKSON

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Granted, this doesn’t occur each time a Supreme Courtroom nominee goes earlier than the Senate for affirmation. 

However senators and activists on each side have raised a number of Cain at latest affirmation hearings.

The affirmation hearings for Supreme Courtroom Justice Clarence Thomas in 1991 and Supreme Courtroom Justice Brett Kavanaugh in 2018 virtually raised Cain. The failed affirmation fights involving nominees Robert Bork and, briefly, Douglas Ginsburg in 1987 got here shut.

However different Supreme Courtroom affirmation hearings are tame. To be clear, they could not seem as bucolic as a heat spring day with “Morning Temper” by Edvard Grieg taking part in within the background. However regardless of the raucous affairs to verify Thomas and Kavanaugh, fervid affirmation hearings are the exception, not the rule.

However let’s discover why a few of these affirmation hearings erupt in chaos.

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Legislative. Government. Judiciary. The nomination of a Supreme Courtroom justice fuses all three branches of presidency right into a symbiotic, political ballet. That combination is uncommon in American politics.

A lifetime appointment of a justice can shift a nation over the course of his or her time period.

A lot is at stake. And that’s why each side generally go for broke over a given nominee. 

Thomas gave the impression to be on monitor for affirmation when his hearings initially closed in September 1991. However that was earlier than regulation professor Anita Hill leveled salacious costs of sexual harassment at Thomas. The Senate Judiciary Committee, chaired on the time by then-Sen. Joe Biden, re-opened the hearings.

And hell was thusly raised.

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“It is a circus. It’s a nationwide shame,” fumed Thomas. “It’s a high-tech lynching for uppity Blacks.”

Each community took Thomas’ hearings reside. The general public: transfixed. CBS owned the rights to the Main League Baseball playoffs that fall. CBS even briefly debated forgoing the nationwide pastime and exhibiting the hearings as an alternative.

The Senate closed its hearings in early September 2018 for Kavanaugh. However the Senate quickly discovered itself on a Miltonian bridge over chaos when Christine Blasey Ford accused Kavanaugh of sexually assaulting her practically 4 many years earlier once they had been in highschool.

SUPREME COURT NOMINEE KETANJI BROWN JACKSON: 10 THINGS YOU MAY NOT KNOW

“Whenever you see (Supreme Courtroom Justices) Sotomayor and Kagan, inform them that Lindsey mentioned whats up as a result of I voted for them. I’d by no means do to them what you have executed to this man,” erupted Sen. Lindsey Graham, R-S.C., virtually spitting his phrases at Democrats on the dais. “Boy, you all need energy. God, I hope you by no means get it.”

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After Thomas’ affirmation, a set of somewhat vanilla hearings unfolded for the late Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor, Elena Kagan, and Neil Gorsuch.

Gorsuch’s listening to was not rambunctious, however his nomination was supercharged. That’s as a result of Democrats believed the seat Gorsuch would quickly occupy ought to have gone to present Lawyer Normal Merrick Garland. President Obama nominated Garland for the excessive court docket after the demise of Justice Antonin Scalia in early 2016. However Republicans refused to grant Garland a listening to. When President  Trump took workplace and nominated Gorsuch, the GOP gave Gorsuch a listening to and confirmed him. Nonetheless, present Senate Minority Chief Mitch McConnell, R-Ky., did have to determine a brand new procedural precedent to forestall Democrats from filibustering Gorsuch’s nomination.

“We’ll do what’s crucial to verify Decide Gorsuch to the Supreme Courtroom,” mentioned Senate Minority Whip John Thune, R-S.D., on the time, then the Majority Whip. 

McConnell argued that the Senate mustn’t affirm Garland in a presidential election yr. However despite the fact that the affirmation listening to for Justice Amy Coney Barrett went easily, Republicans raced to verify her – simply days earlier than the 2020 election.

“I acknowledge, Mr. Chairman, that this goose is just about cooked,” mused Sen. Cory Booker, D-N.J., of Republican techniques at Barrett’s listening to. 

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In truth, Barrett’s listening to was exceptionally calm for 2 causes. First, few issues might prime the spectacle surrounding Kavanaugh’s hearings. Each events wished to keep away from a repeat. Secondly, the Capitol remained principally shuttered to the general public and demonstrators as a result of pandemic. 

However it is a take a look at the inclinations of the affirmation hearings themselves. Most are snoozers. The anomalies had been the bedlam that unfolded round hearings for Thomas and Kavanaugh. Cases the place hell was truly raised.

However even the mayhem over Kavanaugh’s affirmation was no match for the smut that dominated Thomas’ hearings in 1991.

“I feel the one which was essentially the most embarrassing was his dialogue of pornography involving ladies with giant breasts and engaged in quite a lot of intercourse with totally different folks or animals,” testified Anita Hill after she leveled sexual harassment costs in opposition to Thomas.

Republican senators sought to undercut Hill’s allegations. They instructed Hill wasn’t credible. Maybe, they hinted, Hill made all the factor up. Senators examined insinuation by Hill that Thomas spoke to her a couple of pubic hair apparently floating round in a tender drink.

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“You mentioned you by no means did say this, ‘Who has put pubic hair on my Coke?’” questioned former Sen. Orrin Hatch, R-Utah, of Thomas. 

Republicans thought the Coke story mirrored a scene depicted within the novel “The Exorcist” by William Peter Blatty. Hatch confirmed as much as one listening to, at some point, armed with a replica.

“Web page 70 of this specific model of ‘The Exorcist’,” learn Hatch. “‘There seemed to be an alien pubic hair floating round in my gin.’”

Every day of the hearings was extra risqué.

Supreme Courtroom nominees by no means even garnered affirmation hearings till greater than 100 years in the past. Supreme Courtroom Justice John Harlan acquired the primary “fashionable” affirmation listening to in 1955. However over time, affirmation hearings developed into public spectacles – hyped for tv.

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BERKELEY LAW DEAN CLAIMS ‘NO PLAUSIBLE BASIS’ TO OPPOSE KETANJI JACKSON NOMINATION, SLAMS REPUBLICAN ‘SMEARS’

“Quite a lot of present horse members of Congress deal with this as their alternative to construct a nationwide model,” mentioned George Washington College political science professor Casey Burgat. “It’s excessive theatrics.”

Former Sen. Kelly Ayotte, R-N.H., served because the “sherpa” for Gorsuch’s affirmation course of. Every administration normally fills the sherpa function with somebody who’s intimately acquainted with senators and Senate customs. The sherpa escorts the nominees round to conferences with senators and prepares them for robust questions they could face of their hearings.

Ayotte described “gotcha” questions for nominees as “gamesmanship” within the Senate.

“They’re making an attempt to see if they will journey the nominee up,” mentioned Ayotte.

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Senators aren’t anticipating hearings for Ketanji Brown Jackson to devolve right into a hell- elevating expertise. 

Thus far. 

“It is going to be a severe, dignified course of,” mentioned McConnell. 

However there’s a motive why some Supreme Courtroom confirmations are essentially the most intense processes in American authorities.

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The selections made in the present day by the Senate on a Supreme Courtroom choose echo many years into the long run. That’s why confirming a justice is among the most excruciating workouts within the American political expertise.

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Biden thankful for smooth transition of power, urges Trump to 'rethink' tariffs on Canada and Mexico

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Biden thankful for smooth transition of power, urges Trump to 'rethink' tariffs on Canada and Mexico

President Biden on Thanksgiving said he was thankful that the transition of power to a second Trump administration has gone smoothly, while urging the incoming commander-in-chief to “rethink” threats to impose steep tariffs on Mexican and Canadian goods. 

“I hope that [President-elect Trump] rethinks it. I think it’s a counterproductive thing to do,” Biden told reporters Thursday on the island of Nantucket, Massachusetts, where he was spending the holiday with family. “We’re surrounded by the Pacific Ocean and the Atlantic Oceans and two allies — Mexico and Canada. The last thing we need to do is begin to screw up those relationships. I think that we got them in a good place.”

Earlier this week, Trump vowed to impose 25% tariffs on Mexico and Canada in an effort to get both nations to do more to stop the flow of illegal immigrants and illicit drugs into the U.S. Trump spoke with Mexican President Claudia Sheinbaum Pardo on Wednesday, and both apparently came to an understanding, he said. 

CHINA FREES US PASTOR AFTER NEARLY 20 YEARS OF WRONGFUL DETAINMENT

President Biden shakes hands with Nantucket police officers during a visit to a fire station on Thanksgiving in Nantucket, Massachusetts, on Thursday. (AP Photo/Jose Luis Magana)

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“She has agreed to stop Migration through Mexico, and into the United States, effectively closing our Southern Border,” Trump wrote on Truth Social. “We also talked about what can be done to stop the massive drug inflow into the United States, and also, U.S. consumption of these drugs. It was a very productive conversation!”

Trump also threatened to impose an additional 10% tariff on China. Biden said Chinese President Xi Jinping “doesn’t want to make a mistake.”

“I am not saying he is our best buddy, but he understands what’s at stake,” he said. 

DONALD TRUMP CALLS ON THE NEW YORK TIMES TO APOLOGIZE FOR ‘GETTING YEARS OF TRUMP COVERAGE WRONG’

President Biden talks to the media

President Biden talks to the media during a visit to a Nantucket fire station on Thanksgiving in Nantucket, Massachusetts, on Thursday. (AP Photo/Jose Luis Magana)

President Biden also said Thursday that illegal border crossings have been “down considerably” since Trump’s first term in office. Trump heavily campaigned on the border crisis that exploded after Biden took office. 

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The president also said he was pleased with the cease-fire deal between Israel and Lebanon and that he was “very, very happy” about China releasing three Americans who were “wrongfully detained” for several years. 

Regarding the transition from his presidency to a second Trump administration, Biden said he wants the process to occur without any hiccups.  

President Biden in front of fire truck and officers

President Biden talks to the media in Nantucket, Massachusetts, on Thursday. (AP Photo/Jose Luis Magana)

 

“I want to make sure it goes smoothly. And all the talk about what he is going to do and not do, I think that maybe it is a little bit of internal reckoning on his part,” he said. 

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Opinion: This Thanksgiving, I'm grateful for Sen. Mitch McConnell

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Opinion: This Thanksgiving, I'm grateful for Sen. Mitch McConnell

A coping mechanism I’ve adopted since the election of Donald Trump, a man more deserving of prison than the presidency, is to look for reasons for even the slightest optimism about the nation’s governance over the next four years. To that end, this Thanksgiving I’m grateful for the Republican “Grim Reaper,” Mitch McConnell.

Really.

Yes, I’m saying I’m thankful for the sour senator from Kentucky who’s built a turkey of a legacy: Fighting for years, up to a conservative Supreme Court, to successfully decapitate limits on campaign contributions from corporations and special interests. Stuffing that court and lower benches with far-right jurists. Finally, engineering Trump’s Senate acquittal after the House impeached him for inciting an insurrection that trashed the Capitol McConnell professes to revere.

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Jackie Calmes

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Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

It’s because of that last McConnell “achievement” that we face Trump 2.0. Had the Senate convicted Trump in February 2021, it probably would have followed with a vote to bar him from running for office again, as the Senate has for impeached and convicted judges.

So here we are, and McConnell too.

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At 82, the longest-serving party leader in Senate history is voluntarily surrendering his crown to mentee Sen. John Thune of South Dakota. He will serve the last two years of his seventh and perhaps final term among the rank and file of the Republican majority. It’s McConnell’s just deserts to take a demotion as Trump returns to the summit: For all of McConnell’s past services to the once and future president, since Jan. 6 the two men have loathed each other more than I loathe marshmallows on sweet potatoes.

Familiar as he is with power, McConnell is well aware of who holds it now. Still, he won’t be without clout in Trump’s Washington. He won’t retreat to the backbenches or bend the knee. He even relishes the schoolyard nickname Trump gave him — “Old Crow” — doling out bottles of the Kentucky bourbon with his mug on the label.

McConnell may be stooped with age, but he’s suggesting publicly and privately that he’ll rise to the occasion as leader of a Republican resistance in the Senate, providing cover to others, should Trump overreach. The president-elect already has done so with some grotesque Cabinet choices, preceded by his anticonstitutional demand that senators forfeit their “advice and consent” power and instead be rubber stamps. McConnell’s nearly immediate response amounted to “No way.”

If Trump, as president, carries through on his threat to illegally impound funds that Congress approves, expect McConnell to cry foul, and even back a court challenge. Most of all, look for McConnell — who will chair the defense spending subcommittee — to stand for continued U.S. leadership in the world, especially in support of Ukraine and NATO. That posture will surely ruffle the feathers of an “America First” president enamored of dictators and disdainful of allies.

“Opposition to Ukraine is about as much nonsense as [saying] Biden wasn’t legitimately elected,” McConnell says in a bite at Trump in a new biography, “The Price of Power.”

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I’m not naive. McConnell will go along with many Trump actions, including serving up a bounty of unaffordable new tax cuts to the wealthy and corporations, urging Americans to gorge on fossil fuels and, again, stuffing the courts with right-wing ideologues.

Yet recall the ancient proverb: The enemy of my enemy is my friend.

As ruthless and rule-bending as McConnell has been on judicial confirmations and more, I’m betting he’ll respect institutional and constitutional lines that Trump scornfully crosses, and recruit a few other Republican senators to help hold those lines. A few Republicans are all that’s needed when the party’s majority is a narrow 53 to 47; Trump can lose just four votes if Democrats are united in opposition. I count up to a dozen Republicans who could take turns to buck Trump occasionally, which would dilute the political pain of Trump’s wrath.

On Trump’s nominations, for instance. Ex-con Stephen K. Bannon, among other MAGA militants, blamed McConnell (“You gotta give the devil its due”) for whipping up opposition that forced the unsavory former Rep. Matt Gaetz of Florida off the menu as Trump’s nominee for attorney general. Publicly, too, McConnell was no chicken, as he countered Trump’s call to let nominees slide through as recess appointments.

“Each of these nominees needs to come before the Senate and go through the process and be vetted,” McConnell said two weeks ago. The institutionalist in him knows that, under the Constitution, the Senate’s power to confirm nominees is equal to a president’s in naming them.

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Among those he could help defeat are Trump’s worst picks: Tulsi Gabbard, Pete Hegseth and Robert F. Kennedy Jr., the candidates to head intelligence, defense and health, respectively. A polio survivor, McConnell surely chokes on Kennedy’s anti-vax rhetoric. Likewise for Gabbard’s and Hegseth’s echoes of Trump’s skepticism and Vladimir Putin’s talking points on Ukraine.

McConnell has little to lose. He’ll be liberated in the new Congress, he told his biographer, Michael Tackett, no longer required as party leader to attend to the appetites of moderate and MAGA Republicans alike. He’s not expected to seek reelection in 2026. Sure, he’s unpopular nationally, in both parties. But inside the Senate, most Republicans respect and even like him. His outsized standing there will parallel that of former House Speaker and GOAT Nancy Pelosi, whom he praised last month: “I think Pelosi has done a pretty good job as a former speaker, still being able to express herself and have an audience.”

Similarly, Republican Sen. Lindsey Graham of South Carolina predicted of McConnell, “When he speaks, people will listen.”

Forget the turkey. I’m bringing the popcorn. And rooting for the Old Crow.

@jackiekcalmes

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What is Evacuation Day? The forgotten holiday that predates Thanksgiving

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What is Evacuation Day? The forgotten holiday that predates Thanksgiving

When President Abraham Lincoln first proclaimed Thanksgiving a national holiday, little did he know he was spelling the beginning of the end to the prominence of the original patriotic celebration held during the last week of November: Evacuation Day.

In November 1863, Lincoln issued an order thanking God for harvest blessings, and by the 1940s, Congress had declared the 11th month of the calendar year’s fourth Thursday to be Thanksgiving Day.

That commemoration, though, combined with the gradual move toward détente with what is now the U.S.’ strongest ally – Great Britain – displaced the day Americans celebrated the last of the Redcoats fleeing their land.

Following the Declaration of Independence in Philadelphia in 1776, New York City, just 99 miles to the northeast, remained a British stronghold until the end of the Revolutionary War.

Captured Continentals were held aboard prison ships in New York Harbor and British political activity in the West was anchored in the Big Apple, according to the Department of Veterans Affairs.

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GEORGE WASHINGTON’S SACRED TRADITION

Gen. George Washington parades through Lower Manhattan on Evacuation Day on Nov. 25, 1783 (Library of Congress lithograph via Getty)

However, that all came crashing down on the crown after the Treaty of Paris was signed, and new “Americans” eagerly saw the British out of their hard-won home on Nov. 25, 1783.

In their haste to flee the U.S., the British took time to grease flagpoles that still flew the Union Jack. One prominent post was at Bennett Park – on present-day West 183 Street near the northern tip of Manhattan.

Undeterred, Sgt. John van Arsdale, a Revolution veteran, cobbled together cleats that allowed him to climb the slick pole and tear down the then-enemy flag. Van Arsdale replaced it with the Stars and Stripes – and without today’s skyscrapers in the way, the change of colors at the island’s highest point could be seen farther downtown.

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In the harbor, a final blast from a British warship aimed for Staten Island, but missed a crowd that had assembled to watch the 6,000-man military begin its journey back across the Atlantic to King George III.

SYLVESTER STALLONE CALLS TRUMP ‘THE SECOND GEORGE WASHINGTON’

John_van_arsdale_evacuation_day_nyc

John Van Arsdale replaces the Union Jack with the American flag as the British evacuate New York on Nov. 25, 1783. (Getty)

Later that day, future President George Washington and New York Gov. George Clinton – who had negotiated “evacuation” with England’s Canadian Gov. Sir Guy Carleton – led a military march down Broadway through throngs of revelers to what would today be the Wall Street financial district at the other end of Manhattan.

Clinton hosted Washington for dinner and a “Farewell Toast” at nearby Fraunces’ Tavern, which houses a museum dedicated to the original U.S. holiday. Samuel Fraunces, who owned the watering hole, provided food and reportedly intelligence to the Continental Army.

Washington convened at Fraunces’ just over a week later to announce his leave from the Army, surrounded by Clinton and other top Revolutionary figures like German-born Gen. Friedrich von Steuben – whom New York’s Oktoberfest-styled parade officially honors.

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“With a heart full of love and gratitude, I now take leave of you. I most devoutly wish that your latter days may be as prosperous and happy, as your former ones have been glorious and honorable,” Washington said.

Before Lincoln – and later Congress – normalized Thanksgiving as the mass family affair it has become, Evacuation Day was more prominent than both its successor and Independence Day, according to several sources, including Untapped New York.

Nov. 25 was a school holiday in the 19th century and people re-created van Arsdale’s climb up the Bennett Park flagpole. Formal dinners were held at the Plaza Hotel and other upscale institutions for many years, according to the outlet.

An official parade reminiscent of today’s Macy’s Thanksgiving Parade was held every year in New York until the 1910s.

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Fraunces_Tavern_NY

Fraunces’ Tavern, at Pearl and Broad Streets in New York City. (Getty)

As diplomatic relations with the United Kingdom warmed heading into the 20th century and the U.S. alliance with London during the World Wars proved crucial, celebrating Evacuation Day became less and less prominent.

Into the 2010s, however, commemorative flag-raisings have been sporadically held at Bowling Green, the southern endpoint of Broadway. On the original Evacuation Day, Washington’s dinner at Fraunces Tavern was preceded by the new U.S. Army marching down the iconic avenue to formally take back New York.

Thirteen toasts – marking the number of United States – were raised at Fraunces, each one spelling out the new government’s hope for the new nation or giving thanks to those who helped it come to be. 

An aide to Washington wrote them down for posterity, and the Sons of the American Revolution recite them at an annual dinner, according to the tavern’s museum site.

“To the United States of America,” the first toast went. The second honored King Louis XVI, whose French Army was crucial in America’s victory.

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“To the vindicators of the rights of mankind in every quarter of the globe,” read another. “May a close union of the states guard the temple they have erected to liberty.”

The 13th offered a warning to any other country that might ever seek to invade the new U.S.:

“May the remembrance of this day be a lesson to princes.”

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