Wednesday, September 5, 2018

KAVANAGH KABUKI by John P. Flannery

Kavanagh Kabuki - that's what we have in the Senate Judiciary Committee hearings. WH Counsel McGahn has reassured every federalist that Brett is their man. Row Roe Row your boat. NRA all the way. Preserve and protect our Chief Exec from investigation. In contrast, we have the ambiguity of this stylized drama on Capitol Hill - pure theater - and thus heavily laden with appealing fictions we'd really like to believe. The kanji - actors - all wearing the masks that they wish the nation to accept - are the Rs, playing their part. Oh, so sorry that we got the public 100,000 documents at the last minute. So they say. But not to worry. They say. Don't get hung up on the facts. So much paper. Nothing to hide. Trust us. While the public is led to believe in a myth of perfect justice, the federalists have all been reassured that their list of nominees is a "safe" list that will destroy those precedents they abhor, no matter what happens in this short run Judiciary Committee theater that is the veil beyond which the political reality - the crouching federalists - hide. Kavanagh was on that "special" ideological list. Thank God many federalists say, quietly and, shouting in tongues, when "the spirit moves them.". So not to worry - Mr K will tell america to ignore what they - the insiders - know about him, what the federalists have been told, that they know to be the true K, what he will really do, and to trust what he now says, he's going to leave things as they are, is not the REAL PROGRAM. No one discusses the fact - why the Supreme Court exists - and is "supreme" over other courts - the final word. It hears cases because no where in our judicial system can any other court decide what needs to be done. And they are looking at the same precedents as these "lower" court. The Supreme Court thus makes law often - never before seen. Yet nominees pretend that doesn't happen. Mr. K gave a way how he will change Roe, the several tests by which one reviews and applies precedent set forth in the case, Planned Parenthood v. Casey. Mr. K says he'll join a team of 9 if approved. Really? In what world on the supreme court is there ever one team and not a division of shirts and skins - hard to imagine if you think about it for more than a minute. More like a team of 4 or 5, don't you think? The K theater - now heavily attended by viewers across the nation - will end its short run, gotta protecte Trump you know, from that pesky criminal investigation, followed closely by a party line vote (always clear from the outset) favoring Mr. K's nomination. If no Republican shows profile, then the nation may regret at its leisure, that Mr. K joins the court, and find out, without any doubt, and perhaps not so slowly, what was hidden from public view, what the federalists all knew would come to pass, and realize, with regret, that the Kabuki theater was to entertain a public wanting to believe a fiction, in a pure judge who enjoyed redemption of all the bad past things he did and said and believed in his life that brought him to this nomination. On the other hand, there were Dems predicting what will come to pass and some in the Kabuki audience who shouted out in the "theater" because, after all, what's a person to do in the face of a charade, a Kabuki theater, isn't a disregard of law and order an invitation, rather more than that, a provocation, to improvisation and chaos, to protest when order and rules and right thinking and honest conduct do not hold. Just sayin'.