Apple v. Pepper, Kavanaugh v. Gorsuch: Here’s a Howdy Do

You probably wouldn’t want to leave your daughter alone with Brett Kavanaugh, but it’s looking like he might turn out to be not the world’s worst Supreme Court justice.

In Apple v. Pepper, decided today, Kavanaugh not only joined with the Court’s four liberals to hand an initial victory to consumer class action plaintiffs, he also wrote the opinion for the majority. Justice Gorsuch joined with the Chief Justice and the two other wingnuts in dissent. Their interpretation of antitrust standing would have shitcanned consumers, to the enrichment of plutocrats.

Apple’s App Store Monopoly

If you want an app for your iPhone, you have to buy it from Apple, at its App Store. You can’t get it anywhere else. And Apple has some rules for developers: you have to pay Apple a 30 percent commission on sales, and your price has to end in 99 cents. Subject to those rules, you can set whatever price you want, and you can sell as many apps as you can persuade people to buy, and Apple will remit the proceeds of the sale—less, of course, the 30 percent commission.

The district court allowed a class action of plaintiff iPhone owners to proceed, on the theory that Apple had unlawfully created, maintained, and profited from a monopoly in the retail sale of iPhone apps.*

How to Apply an Old—and Wrongly Decided—Precedent?

In 1977 the Supreme Court decided Illinois Brick Co. v. Illinois, ruling that only direct purchasers may maintain antitrust litigation to recover damages in the nature of an “anticompetitive overcharge.” I used to be a great fan of the Illinois Brick decision, but I was wrong. The Court’s decision was based on some pretty sophisticated reasoning about economics and efficiency in litigation, but it was wrong because it generally produced unjust results. “Direct purchasers,” such as wholesalers, typically pass on most or all of the “overcharge,” but the Illinois Brickdecision rewarded the middlemen while leaving the ultimate consumers out in the cold, and holding the bag. Because it was unjust, the decision resulted inconsiderable legal chaos. (I don’t want to prolong this post by elaborating. Just trust me on this.)

Now, back to the current case: Apple against the consumer class. Apple tried to get the case thrown out because (so it said) the real direct victims of its little retail monopoly were the app developers—the people who paid the exorbitant 30 percent commissions and who had to decide how much of that exorbitant price they could get away with passing on to the iPhone users.

The consumer plaintiffs, however, had a comeback argument that appealed to the four liberals and to Justice Kavanaugh. Their argument was that whatever injustice the Illinois Brick rule might work in other situations, here the plaintiff consumers were indeed direct purchasers from Apple, and paid the anticompetitive overcharge directly to Apple. They were clearly “direct purchasers.” They had a plausible case on the merits. They fit right within the literal language of the 1977 case. So let them proceed to trial.

In my view, both sides had decent technical legal arguments. But Kavanaugh’s analysis was the more persuasive, the more straightforward, and the result that best vindicated the interests of justice. Gorsuch, by contrast, did a good job twisting himself into a pretzel in an unsuccessful effort to protect a powerful defendant against a plausible antitrust claim. Gorsuch would have relied on the logic and reasoning of Illinois Brick to extend the reach of the case and apply it to a novel situation, contrary to its literal language. That’s not the way the law should work. Where a case with precedential value was wrongly decided, you don’t extent it, you limit its reach.

The Lesson: A Fine Howdy-Do?

I don’t normally write about weedy antitrust issues on Trumped Progressives. But today’s opinion, read in light of this morning’s New York Times article on Kavanaugh and Gorsuch, conveys some faint hope that Justice Kavanaugh may actually try to do justice in the forthcoming constitutional struggles.

After all the storm surrounding his nomination and confirmation, it would be, would it not, a fine howdy-do if it turns out that Brett Kavanaugh’s historical destiny is to be the deciding vote against Trump and tyranny and in favor of the checks and balances underpinning the republic?

And Before I Go

This from Doyle McManus at the L.A. Times, Suddenly, conservative lawyers are condemning Trump for abuses of power.


* Allegations that manufacturers are monopolizing products designed to work with the basic product are common, and have been somewhat controversial. The argument would go like this. IPhones compete heavily with android devices. And, when you’re deciding whether to by an iPhone or a Samsung phone, you may look not only at the features and price of the phone itself but also at the features and prices of the available apps that could be used with either phone. So when you lump in the android apps into the market, Apple doesn’t have a monopoly all, or so the argument would go.

But that argument wasn’t part of the Apple v. Pepper case, at least not at this stage.

FBI Director Christopher Wray, Yale Class of 1989, Comments on Investigation of Brett Kavanaugh, Yale Class of 1990

FBI Chief Says Kavanaugh Investigation Was ‘Limited In Scope’ At White House Direction: Wray’s comments contradict White House claims that the Senate controlled the probe into the sexual assault allegations against the now-Supreme Court justice.

Worse Than a Crime

crime blunder

The Readings

McConnell calls opposition to Kavanaugh a ‘great political gift’ to Republicans

Contrary to what you probably thought, this first one is not from The Onion. Nor are the others.

Philip Bump, Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans

Deanna Paul, When Kavanaugh is confirmed, impeachment could follow. Here’s how.

Emily Atkin, Why Republican Women Defend Brett Kavanaugh

And finally,

Christine Blasey Ford’s Attorneys Reveal Statement From Corroborating Witness

The Lessons

Republican senators have said fie on the National Council of Churches, spit on the American Bar Association, and scorned 2,400 professors of law. Exercising raw, patriarchal power, they are reading themselves out of polite society.

Here are a few thoughts.

One. When you build your political career on a foundation of lies, you are likely, sooner or later, to come to believe much of your own bullshit.

Two. Believing your own bullshit can make you feel better and provide a comforting sense of solidarity with your tribe. But there is a downside: it can lead to blunders.

Three. It’s vital that progressives should continue to develop the evidence about Kavanaugh’s background, but it’s equally vital not to leap to conclusions prematurely. Develop the relevant facts. Then make a reasoned judgment.

Right now, we have some information about what Kavanaugh was doing at his Georgetown house parties and his Yale fraternity. But all the witnesses have not been interviewed. And there is likely a great deal of written evidence in the form of e-mails, texts, and the like. Come 2019, the House Judiciary Committee needs to develop and lay out the evidence.

The full picture will be either (i) pretty bad for Kavanaugh, but one that could be made to look defensible, or it will be (ii) generally horrific and utterly indefensible.

You and I have a strong suspicion about which it will be. But, ladies and germs, there is a very great gulf between a strong suspicion and a reasonable, well founded conclusion.

If our suspicions turn out to be wrong, then so be it. If our suspicions turn out to be right, then we go from there.

Four. Help the Republican women to resolve their cognitive dissonance.

Ms. Atkin, supra, helpfully informs us large numbers of Republican women feel cognitive dissonance over the elevation of a morally unfit conservative judge, and that 69 percent of them have decided to resolve their cognitive dissonance in favor of disbelieving the accuser.

Actually, I find that information reassuring. It suggests that disclosure of the fuller picture could help a lot more Republican women resolve their cognitive dissonance in the other direction.

And it suggests that the Republican patriarchs have already lost 31 percent of their own women. Some political gift, Mitch.

Five. Make the Republican patriarchs defend the manifestly indefensible.

You have to develop the facts before this will work. But as the facts do come out, make McConnell and Cornyn and the whole ghastly lot of them try to defend what has happened.

Plainly, they think that a little attempted rape among high-spirited young conservatives is not a disqualification.

Plainly, they think that false accusations of assault are a much bigger problem than actual assault.

Make ‘em say it.



With increasing clarity.

If you are a mensch, just grab ‘em down where the hairs are short. Hold on. And keep on squeezing.

by the balls

Senator Grassley Remembers the Ladies

remember 2

Sen. Charles E. Grassley (R-Iowa) told reporters that the Senate Judiciary Committee’s inability to attract Republican women might be caused by its heavy workload, a remark the panel’s chairman tried to retract a few minutes later.

“It’s a lot of work — maybe they don’t want to do it,” Grassley told [reporters].

Washington Post

Well, sure, I am going to vote yes on Kavanaugh, sweetie. Don’t become hysterical. But I just feel so awful it had to happen like this. It’s such a shame, I think.

I just think, dollface, if there is one thing that came out of all this, sugar, that was good, it is, pumpkin, that you got to have your say. Baby, you got to stand up in front of all these people and bear witness to what you felt like you had experienced, like a big girl! It was so important, and I absolutely believed you, sweetheart! …

I think the people who should feel bad, though, honey pie (not you, of course, duckling!) are the people who told you that if you said something, it might matter. That was mean of them. What was so cruel was that you, baby girl, had to bear witness thinking that something would happen. I suppose you didn’t know, sugar tits, that nothing was going to happen, doll baby. But I was so inspired by you and what you did! It was so brave, pudding! It was so wonderful, toots!

Alexandra Petri, But I hope you feel empowered, sweet cheeks

The Slough of Despond


This afternoon Dr. Aardvark was down in slough of despond, she was down inthe inner city, registering  voters. That’s what we need to be doing.

At dinner, she and I ate with a couple of progressives suffering from deep despair. I do not share that despair, not only because despair is not an emotion in which we have the luxury to indulge, but also, I think, for logical reasons as well.

Progressives Need to Place More Reliance on Political Activism, Less Reliance on Judges

For many of us, when we think of the Court, the first thing that probably comes to mind is Roe v. Wade, and the second thing that probably comes to mind is gay marriage. Obviously, very important stuff. But Matthew Yglesias gives enormously important perspective in a post this evening titled Brett Kavanaugh’s confirmation will delegitimize the Supreme Court — and that’s good: It’s time America woke up to the radical right that’s run the Court for years.

I don’t have the mental energy this evening to summarize it or selectively quote from it. But I highly recommend it.

There are other reasons not to wallow in the slough of despond this evening, but I’ll close with one of them.

They Didn’t Remember the Ladies

Abagail Adams

If you energize the most extreme elements of your tribe, you risk splitting the tribe by alienating the ones with good sense. The Democratic tribe is quite a bit larger than the Republican tribe. We could alienate some of our ilk and still be larger in numbers than the Republicans. But when Republicans practice the politics of subtraction on their own tribe, they risk shrinking themselves right into political irrelevance.

Except, of course, in deep red states where Republican tribal feeling runs high. There are Senate races this year in several such states.

That is presumably why Machiavelli McConnell and Doofus Donald didn’t just pull Kavanaugh and insert an equally conservative, less inclined to commit assault before he drinks himself under the table.

But, in their machinations, they forgot the Republican ladies.

We must make sure that the Republican ladies never forget them.

Jennifer Nostradamus Speaks


Jennifer Rubin, Republicans’ misogyny will come back to haunt them:

Republicans … could win this fight for the swing Supreme Court seat, but they cannot bestow legitimacy upon Kavanaugh or erase their record of weaponized misogyny. Progressives will seek his recusal in every case of political significance. Every 5-4 decision in which Kavanaugh is the deciding vote will be denounced as illegitimate, the work of a partisan judge elevated to the court by nefarious means. The decision will be respected legally in the short term, but in the future, it will be argued, the decision should carry zero precedential weight. Those he once accused of participating in a left-wing cabal will seek to vacate cases they lose in which Kavanaugh was the deciding vote. In future cases, they will urge  justices and lower court judges to downgrade the importance of these decisions, in effect treating them as unpublished opinions that should not impact future cases.

Democrats will ferret out the witnesses whom the FBI ignored and subpoena FBI officials to testify. They will leak the full FBI report at some point and disclose any communications between the FBI and White House that reveal efforts to curb the FBI investigation. They will seek Kavanaugh’s removal, and maybe even his disbarment.

When a Democratic president eventually wins the White House with a Democratic Senate majority, you can count on a court-packing scheme. Most critically, any decision Kavanaugh renders in Trump’s favor on the Russia probe might ignite a constitutional conflagration in which the majority of the country sees an illegitimate justice protect a president illegitimately elected with the assistance of the United States’ foe, Russia.

None of this is desirable, nor would it have been conceivable had Trump picked another justice. However, in producing a worthless investigation and declaring open season on sex-crimes victims, Republicans push women out of the party and onto political war-footing. If power politics is what the Republicans want, women and others in the anti-Republican coalition (male and female Democrats, independents and ex-Republicans) will learn to play just as fiercely.

Emphasis added.

There is, of course, a logical counter prediction: that lots of women thought protecting fetuses was the be-all-and-end-all in 2016: if they swallowed Trump’s misogyny and crime for the sake of the Court, then surely they will not be concerned about a long-ago attempted rape by God’s anointed servant, one destined to complete the holy mission of overturning Roe.

Certainly, there are some women of that view. But there will be others who will have had one misogynistic rant too many from the Trumpster.

However that works out, we cannot let this go. We have to keep asking the Republican pols how much attempted rape they think is tolerable, and at what age. And, by the way, how much perjury is just enough perjury in a Senate confirmation hearing?

Questions of this ilk will really piss them off. When they act all angry and hurt, just ask ‘em again—in a sweet and reasonable tone of voice: when your teenage daughter is assaulted, should she automatically be disbelieved unless she can present eyewitnesses?

Further Down the Rabbit Hole

rabbit hole

Good morning. And good afternoon to today’s readers in France and Croatia. It is Thursday, October 4. Here is where se seem to be today.

Winning by Losing

As far as one can tell today, each side might win politically by losing on the Kavanaugh vote.

That’s because a narrow Republican loss could stoke the anger and resentment among the yahoos, while a narrow Republican victory might dampen it down.

A Risky Game?

The Democrats would all prefer a narrow win on Kavanaugh, and just let the political chips fall where they may.

But it’s possible that Mitch McConnell is playing a double game, setting his side up for a narrow loss. That would be risky in multiple ways. But it could be the case.

Droit de Seigneur as a Bedrock Republican Principle

In any event, the Republicans are pretty blatant about the claim that a woman with a story of sexual abuse must never be believed, lest a man be unjustly accused and suffer adverse consequence

At least, you can never believe the woman unless there were multiple eyewitnesses who support the woman’s story.

To protect your sons, never let your daughters tell what happened to them. If they tell anyway, cheerfully watch as their lives are destroyed. Because, at all costs, you have got to protect your sons from hypothetical false charges.

It does not take the superlative legal genius of a jurisprude such as Brett Kavanaugh to discern the consequences of this position.

It means that men are immune from the consequences of rape and other abuse so long as no one else is there to see it.



On Participation in Bar Fights as Necessary and Essential Proof of Masculinity

Jonathan Chait, Kavanaugh Supporters Have #MeToo Moment, But for Bar-Fighting:

The New York Times reports that Brett Kavanaugh was questioned by police in 1985 for his involvement in a New Haven bar fight. …

The conservative community has leapt to Kavanaugh’s defense. Their defense does not focus on the truthfulness issue, but instead on the legitimacy of bar-fighting, which they apparently see as a cherished way of life now under threat by the liberal elite.

Drat! Never been in a bar fight. I fail the test, once again.

Evening Thoughts

final straw

From Paul Waldman:

Why Trump may actually want Kavanaugh to go down in flames:

Trump has watched as a backlash against him, especially among women, has pulled down his approval ratings and taken us to the brink of a historic Democratic midterm victory. But now he sees his chance to create a backlash to that backlash. So he’s riding the twin vehicles of anger and fear: anger at women like Christine Blasey Ford who have the gall to accuse a man like Brett Kavanaugh, and fear that now every man is a potential victim of some screeching harpy who makes a false claim against him.

From Adam Serwer:

The Cruelty Is the Point: President Trump and his supporters find community by rejoicing in the suffering of those they hate and fear.

Trump’s only true skill is the con, his only fundamental belief is that the United States is the birthright of straight, white, Christian men, and his only real, authentic pleasure is in cruelty. It is that cruelty, and the delight it brings them, that binds his most ardent supporters to him, in shared scorn for those they hate and fear: immigrants, black voters, feminists, and treasonous white men who empathize with any of those who would steal their birthright. The president’s ability to execute that cruelty through word and deed makes them euphoric. It makes them feel good, it makes them feel proud, it makes them feel happy, it makes them feel united. And as long as he makes them feel that way, they will let him get away with anything, no matter what it costs them.

From Aardvark

There is much wisdom in both pieces, I think. That would be the reason why I call them to your attention. But let me add this.

While others practice the politics of addition, Trump does the politics of subtraction.

As you keep on subtracting and subtracting, there comes a point when you don’t have enough supporters left to win any elections.

Now Trump wants to read out of the Republican Party anyone who thinks sexual assault is an important issue. That would be 28 percent of Republican men and 41 percent of Republican women. Just keep on subtractin, big guy. Keep on subtractin’.

gender study


Women Who Don’t Count, Men Who Can’t Count

Bonnie Mann, professor of philosophy at the University of Oregon, brilliantly dissects misogynistic thought and behavior in Misogyny Rules: A War of Two Worlds—“The battle over the Kavanaugh hearings is not about truthy. It is about meaning.”

Meanwhile, Trump mocks Kavanaugh accuser at Mississippi rally, and Republican leaders have apparently concluded that vile, unbridled misogyny is the key to electoral success.

This is extremely odd.

At his rallies, Trump struts up and down railing at Mexicans. But there are no Mexicans in the audience. He hurls venom at China, but no Chinese are in the mob sitting in front of him.

But half of the rednecks his is trying to con are people with an extra X-chromosome. Does he think that these extra X-chromosome folk with be moved by hatred for other women, just as they are moved by hatred for Mexicans?

This does not compute.

Two epistemic worlds, indeed.

Manly Virtues

Trump and Matilda

The sexual assault allegations against Supreme Court nominee Brett M. Kavanaugh have sparked a wave of unbridled anger and anxiety from many Republican men, who say they are in danger of being swept up by false accusers who are biased against them.

From President Trump to his namesake son to Sen. Lindsey O. Graham (R-S.C.), the howls of outrage crystallize a strong current of grievance within a party whose leadership is almost entirely white and overwhelmingly male — and which does not make a secret of its fear that demographic shifts and cultural convulsions could jeopardize its grip on power. …

The shift in political gravity for Republicans helps explain the searing denouncement by Graham in last week’s Senate hearing. His extraordinary diatribe — reenacted on “Saturday Night Live” by a scowling Kate McKinnon — was, in essence, a defense of men who had been stewing about the charges against Kavanaugh. …

Philip Rucker and Robert Costa, ‘The trauma for a man’: Male fury and fear rises in GOP in defense of Kavanaugh

Aardvark’s Addendum

Here is what my grandmother taught me about what it actually means to be a man:

If you can keep your head when all about you   

    Are losing theirs and blaming it on you,   

If you can trust yourself when all men doubt you,

    But make allowance for their doubting too;   

If you can wait and not be tired by waiting,

    Or being lied about, don’t deal in lies,

Or being hated, don’t give way to hating,

    And yet don’t look too good, nor talk too wise:

If you can dream—and not make dreams your master;   

    If you can think—and not make thoughts your aim;   

If you can meet with Triumph and Disaster

    And treat those two impostors just the same;   

If you can bear to hear the truth you’ve spoken

    Twisted by knaves to make a trap for fools,

Or watch the things you gave your life to, broken,

    And stoop and build ’em up with worn-out tools:

If you can make one heap of all your winnings

    And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

    And never breathe a word about your loss;

If you can force your heart and nerve and sinew

    To serve your turn long after they are gone,   

And so hold on when there is nothing in you

    Except the Will which says to them: ‘Hold on!’

If you can talk with crowds and keep your virtue,   

    Or walk with Kings—nor lose the common touch,

If neither foes nor loving friends can hurt you,

    If all men count with you, but none too much;

If you can fill the unforgiving minute

    With sixty seconds’ worth of distance run,   

Yours is the Earth and everything that’s in it,   

    And—which is more—you’ll be a Man, my son!

The Correlation Between Male Wealth and Power and Approval of Sexual Aggression


Based on an informal poll of his wide circle of acquaintance, Morning Joe allowed as how women tended to see youthful sexual assault as disqualifying for a Supreme Court nominee, as did many men.

But, among Joe’s friends, men of considerable power and wealth were generally of the opposite view, arguing that “we’ve all done it,” ergo, if the accusation stands, we’re all vulnerable, and besides, it isn’t a big deal.

I hope we get some polling on this. I think it would vindicate Joe’s claim.

* * *

From F. Scott Fitzgerald, “The Rich Boy” (1925):

Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft where we are hard, and cynical where we are trustful, in a way that, unless you were born rich, it is very difficult to understand. They think, deep in their hearts, that they are better than we are because we had to discover the compensations and refuges of life for ourselves. Even when they enter deep into our world or sink below us, they still think that they are better than we are. They are different.

* * *

We continue to try to reverse engineer what the hell the Senate Republicans are thinking. Lots of overthinkin’ goin’ on. It may be there is an explanation of Doric simplicity underlying the Senate Republicans’ continuing to drive their bus into the ditch.

Metaphorically speaking, the Senate Republicans have devoted their lives to serving as towel boys in an exclusive rich men’s brothel.

Of course, they do what Richie Rich tells them to do.

In Kavanaugh, Richie Rich sees a man whose life’s goal is achieving the rank of chief towel boy.

Richie Rich is telling their Senators to get their boy Kavanaugh’s butt onto the Supreme Court.

Come hell or high water.

That Was the Week that Was


Intense conversations about difficult subjects: women with women, men with men, women with me.

A chance for the country to digest the spectacles of Thursday and of Friday morning. To find an appropriate visceral and emotional reaction.

To think about the shitstorm rationally, insofar as we are capable of rational thought.

Polling. Lots of polling.

The FBI doing its thing.

Information being made public about some of what the FBI is doing.

Going out on a limb here, but, around Wednesday or Thursday, a news conference of folks with personal knowledge of Kavanaugh’s behavior at Georgetown Prep, and, probably more importantly, at Yale. That would be Yale College and Yale Law School.

Furthermore, what happens at the Federalist Society will not, at the end of the day, stay at the Federalist Society.

Some kind of written FBI report at the end of the week. Which will immediately become public knowledge.

By the end of the week, even many of the Fox Bubble folk will have figured out that Mitch McConnell and his merry band of misogynist lemmings are making an horrific mistake.

I do not (just) mean an horrific mistake within a normal person’s frame of reference.

I mean specifically an horrific mistake within Mitch’s own reptilian frame of reference.

shit and fan

The Train Roars Through Gender Gap


“The Opposition to Kavanaugh Can Be Emotional”

Bloomberg reports,

When it comes to Kavanaugh, voters are split, especially between men and women. Women, by 15 percentage points, think Kavanaugh should not be confirmed (26 percent yes, 41 percent no), according to an Economist/YouGov poll of 1,500 adults taken earlier this week. Men, meanwhile, narrowly back his confirmation, 41 percent to 36 percent. Support for Kavanaugh’s nomination had already dropped to less than half among Republican women, according to a Morning Consult/Politico poll, before Thursday’s hearing.

The opposition to Kavanaugh can be emotional.

You don’t say!

I am so tired.

The train is very, very urgent. It is moving a man’s career forward. It is very difficult to get the train to stop.

The presumption is that the train will not stop. The presumption is that you will be a scream thrown on the tracks. That it will require a great many of you to be thrown onto the tracks before the train will grind to a halt. It can never be just the one; it must be several at once. Someday we will know the precise conversion. We will tell them: Do not bother unless there are 20 others like you, because the train will continue, and you will be crushed. …

To make the train stop, you must throw yourself in front. Your whole self. Your fear of flying. Your family.

You must throw yourself in front of the train, but still it may not be enough. These trains move very fast. We must not ask why. …

In the Bible, Thomas says he will not believe what Jesus has survived unless he can stick his hand into the wounds. But this is not a reasonable thing to ask of someone who is not God, to stick your hand into their wound. I am tired of watching people become wounds. Half the Internet is a wound. Have you stuck your hand in it enough? …

Even as she testified Thursday, Christine Blasey Ford kept apologizing. (“I’m sorry,” she said. “I can read fast!” she said. She was here to be “helpful,” she said.)

Someday I want to not be tired.
Someday I want us not to apologize.

Women are used to squinting to see our own stories in the stories of others. To reading ourselves into the words “all men are created equal.” To being the thing tied to the tracks to raise the stakes.

Alexandra Petri, It is very difficult to get the train to stop

Life Lessons from the Week that Was

head in the sand

If you are going to undertake a project of national importance, while under intense public scrutiny, it is wise to begin with an accurate general understanding of the relevant facts.

This is so, even if you have no morality and are perfectly prepared to tell all the lies you can get away with telling. Even in that circumstance, you need to have a good general understanding of the relevant facts. Because, inter alia, having an accurate knowledge of the facts will inform your decision as to which lies you can and cannot get away with.

Half of your constituents are women. Of your female constituents, an astonishingly large percentage will have vivid memories of one or more acts of sexual battery.

This fundamental fact limits your ability to argue successfully that you believe the victim but that the ideological purity of the Supreme Court trumps a history of bad behavior.

It was the last straw that broke the proverbial camel’s back.

It would be well to remember this truth as you prepare to shovel on that last shovelful of bullshit.

Finally, if you are a Supreme Court nominee and a mean drunk, it is unwise to fortify yourself with several martinis prior to giving your testimony.


I Think He Had a Little Talk with Melania and Ivanka

getting the memo

Trump Gets the Memo:

President Trump said … he found the testimony of the accuser, Christine Blasey Ford, credible and “very compelling, and she looks like a very fine woman to me.”

He said he did not have any message for the senators considering the nomination. “They have to do what they think is right and be comfortable with themselves,” he said.