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Will Democrats turn Kavanaugh “into the determined angry partisan they falsely imagined him to be”?

Will Democrats turn Kavanaugh “into the determined angry partisan they falsely imagined him to be”?

Future Justice Kavanaugh will resist the impulse to get even, but that doesn’t mean we have to exercise such judicial restraint.

Could you blame Brett Kavanaugh if he were angry at the malicious treatment he has received at the hands of Senate Democrats and their alt-left supporters?

Before the hearings even started, he was accused of hating women and children, of being a threat to the lives of non-whites and women, of being a threat to freedom.

The hearings were abysmal.

His children had to be escorted from the hearing room because of lunatics who coordinated with Democrat Senators shouting at him, he was set up for a phony photo narrative that he refused to shake the hand of a parent who lost a child at Parkland, he was falsely accused of perjury by multiple Democrat Senators, ethics complaints were filed against him seeking both his impeachment from his current position and to disbar him, there was an attempt to file a private criminal complaint (something that doesn’t actually exist), and Senator Kamala Harris circulated a dishonestly edited video of his testimony.

Democrats, sensing they lost the battle of the hearings, then dropped their post-hearing hand grenade by leaking to the media that Sen. Dianne Feinstein had forwarded to the FBI a secret letter accusing Kavanaugh of sexual assault in high school against an unnamed woman at an unnamed time at an unnamed place. The information was in Feinstein’s hands since July, but she only acted after the hearings. Kavanaugh and the male who supposedly was present both categorically deny the event took place.

This is not the least bit comparable to Republicans blocking Merrick Garland. If Democrats had the procedural power to block Kavanaugh without defaming him, so be it. Republicans sought to block Merrick Garland, not destroy him.

What we have is an attempt to dehumanize and delegitimize Kavanaugh in defiance of his demonstrable life of exemplary professional, judicial and community service. This goes far beyond blocking the nomination. They want to strip him of his livelihood, to slander him, to make him regret ever having dared move forward as Donald Trump’s nominee, and to set up a social justice warfare basis to pursue him and hound him for a lifetime, whether on or off the bench.

I wasn’t political during the Clarence Thomas hearings, though I was aware of the hearings. And of course I’ve read about what they did to Robert Bork. Has Kavanaugh been treated worse than Bork and Thomas? Why choose among horribles, they each were the victim of the Democrat judicial nomination playbook.

I still think he’ll get confirmed, though Democrats no doubt have more handgrenades to throw. They are threatening Susan Collins and her staff. I wouldn’t be surprised if Gloria Allred made a cameo appearance at a press conference next week.

Will this harden Kavanaugh in his Supreme Court career?

Harvard Law School constitutional law Professor Adrian Vermeule, joined by Case Western law professor Jonathan Adler, raised that prospect on Twitter:

“The comitragedy is that Senate Democrats might, by their own actions, be turning Kavanaugh into the determined angry partisan they falsely imagined him to be all along.”

“It would speak well of his humanity if it did”

“You’re asking him to be a robot. That’s not how people are – and the Democrats would have been better off taking that into account.”

“Slander has consequences.”

NeverTrump Prof. Tom Nichols raised the same point:

“One other thing: if Kavanaugh wasn’t determined to be the next avenging conservative hardass, I bet he is now.”

I couldn’t blame Kavanaugh if he concluded that the opposition to him was evil, and if he determined to get even.

It’s not his nature, and I doubt he’d do it. He’ll be a dignified and principled Supreme Court Justice. He’ll deal with the slander and smear campaign in the dignified manner that Clarence Thomas did.

That’s the temperament Kavanaugh has exhibited throughout his life on and off the bench.

But just because future Justice Kavanaugh will resist the impulse to get even, doesn’t mean we have to exercise such judicial restraint.

You have seen the ugly face of #TheResistance, and if you think it’s just about a judicial nomination, you haven’t been paying attention. They treated Kavanaugh the way they treat conservatives, Republicans and the deplorables. This isn’t about Brett Kavanaugh.


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The Professor has a point. If an even-handed, calm, rational candidate like Judge Kavanaugh is going to be treated as a raving partisan, why don’t we start nominating raving partisans?

Maybe the president is waiting until Notorious RBG needs replacing…

    JusticeDelivered in reply to The Packetman. | September 14, 2018 at 10:30 pm

    Democrats drove Trump in the arms of the right when they could have buried the hatchet and begged for a seat at the table. Now they are doing the same with judicial appointments. It is amazing how common sense has completely flown the coop.

      Yes! If the Dems turned anyone into an avenging conservative hardass it was Trump.

      Didn’t he offer amnisty if they dropped the Russiagate farce?

        Trump cleverly offered the Dems amnesty to show the world that there was no deal the Dems would ever agree too. It was never a quid quo pro for dropping Russiagate. The uber-leftists driving the Dems (and Never Trumpers) are hard core obstructionists.

        The Dems are like the PLO’s Yasser Arafat in 2001 who, when Israel agreed to their demands, just walked away from the table. Any deal would have meant death to Arafat. Just like Anwar Sadat before him.

        Gives you an idea about what is at stake for this cabal of globalists and how close they are to losing everything they were so sure they had won in 2016 but then lost to Trump. They are losing and in their desperation, will stop at NOTHING to win. They are losing their cohesion. Even those we thought of extreme, like RBG and Maher, are voicing their displeasure and embarrassment.

        These people may not have the votes but then they are not interested in democracy. Desperate lunatics are capable of extreme violence. Beware.

          Whitewall in reply to Pasadena Phil. | September 15, 2018 at 7:42 am

          Well said! The Dems want power. All power and silenced opposition. The Dems have done a decades long march through our institutions and now nobody trusts the institutions and wonder what happened.

      It appears that’s because the Democrats’ role models are Lenin and the Bolsheviks. I.e., like the Bolsheviks, the Dems don’t want “a seat at the table”. They want the whole bloody table.

    Another Voice in reply to The Packetman. | September 15, 2018 at 2:14 am

    Not a soothsayer, but perhaps it will not only be Judge Kennedy’s chair as a Supreme that is being replaced with Judge Kavanaugh, but sooner rather than is the norm for the SCOTUS as we saw by the unexpected passing of Judge Antony Scalia and the need of a new Supreme Court Judge. Pragmatically I hedge that will be Judge Sotomayor. She’s a 64 yr. old Latino woman with long term (childhood) Stage 1 Diabetes. Though currently managed, is incurable, as a Mexican American by ethnicity, also carries a 40% higher risk of death due to directly or indirectly of the disease. Based on the medical profile of a Latino with Stage 1 Diabetes, experiencing high stress is significant in contributing to other related health issues on the overtaxed immune system. The effects of stress contributes significantly to the immune system counteracting current available medical protocols, ones she follows but continues to receive emergency services to treat. Medical statistics (2016) for this profile based on ethnicity, has a high expectancy of a debilitating stroke with a life expectancy of 69 yrs. As Judge Sotomayor is just now beginning to take up deferred cases now that they have a full quorum, the pace of her work day will continue to increase as will her physical demands and accommodations for the work load. The odds based on facts that she will continue this pace over the long term and fulfill her obligations as a sitting judge when (not if) she experiences anyone of the outcomes of her disease should be considered as highly probable.

      Eastwood Ravine in reply to Another Voice. | September 15, 2018 at 2:05 pm

      All very good points, that is the projected life expectancy of a Mexican American woman with Type-1 Diabetes. However, as an Associate Justice, Sotomayor is receiving the best possible heath care.

      Considering how long they’ve kept RBG’s corpse seated, I wouldn’t get your hopes up.

How far is all this from turning “hot?”

    Subotai Bahadur in reply to Wisewerds. | September 14, 2018 at 10:46 pm

    Look at the list of headlines/links at the Drudge Report on September 12.

    Leftist attempts to stab a Republican congressional candidate at a rally in California.

    A new Republican HQ in Wyoming burned down [arson]

    Actress calls for a “new John Wilkes Booth” to assassinate Trump.

    FOX News commentator and her children threatened with rape and murder and has to go into protective custody.

    How close? Probably will not have to get a new calendar.

      I no longer completely agree we’re heading down that path.

      Because conservatives are pussies.

      Go back to archived Drudge and see – how many conservatives beaten stabbed and shot. And still we do nothing.

      The proper response to the Kavanaugh circus was to shove Ginsburg down a flight of stairs.

      No. We are going to roll over for the Marxist like cowards. Writing long essays on LI lamenting the fall of the Republic.

      At least Nero had insanity as an excuse to fiddle while Rome burned. We will be too concerned about decorum and civility to make a stand.

      Like the old joke: 2 Jews are being marched into a concentration camp, one says to the other “don’t make a fuss, we might get in trouble”.

    snopercod in reply to Wisewerds. | September 15, 2018 at 6:37 am

    That’s how it went in Weimar Germany – the rioting in the streets, breaking glass, busting heads, political factions, etc. But it can’t happen here… /sarc

      Whitewall in reply to snopercod. | September 15, 2018 at 7:12 am

      That’s kind of what I said on the post before this one. I’ve seen this before. It can happen. All this agitprop is designed to do is convince some unknown small man to to take a drastic shocking action that turns the world upside down. Like a shooting in Serbia in 1914.

Of course this is how it is, and how it will be. While all the Left is not violent like ANTIFA*, they all subscribe to a version short of violence (for now) of By Any Means Necessary.

* What a joke, a group of Leftists, both Fascists and the closely allied Socialists, calling themselves Anti Fascist. If we had a significant Communist political movement in the US ANTIFA and the Communists would eventually be battling in the streets for the dominant Leftist group, just as they did in Weimar.

Just at a guess, I’d say he won’t try to “get even.”

He will, however, remember that anyone with a D after his name is a volunteer for the Lying Dirtbag Party, and he’ll weight anything which comes before the bench—evidence, testimony, or arguments—from any Democrat accordingly.

    alaskabob in reply to tom_swift. | September 15, 2018 at 12:39 am

    Another fat finger trying to hit reply on my tablet. Sorry.

    Fortunately, he can draw on inspiration with and from Clarence Thomas after this. high tech lynching again.

    The next seat from the Left of the court will be kinetic. RBG really sounded mousey weak …. The Left will keep her there as Spain did Franco until all life support is used up and maybe afterward as a weekend with Bernie is replayed.

I can’t speak for Kavanaugh but my HATRED for Democraps and other assorted related groups has grown exponentionally = something I don’t think I will ever recover from. Just sayin’

If I had to speculate, not truly knowing anything about the man himself, I would guess that he will not deliberately allow his experience in this process to affect his judgment.

However… we are all shaped by our experiences, and I can see how this might influence his opinions, if only subconsciously.

It’s like the joke “this is how you get more Trump.” Well, Democrats, this is how you get more hard line conservatives on the Court.

    Valerie in reply to malclave. | September 14, 2018 at 11:13 pm

    This is how you turn the Liberals against you. Liberals value civility, and the circus was not civil. RBG herself commented that the hearing was out of control.

      txvet2 in reply to Valerie. | September 15, 2018 at 9:24 am

      I expect you’ll see a lot more cheering than complaining, and much of the complaining will be that they didn’t do even more.

      Valerie’s comment caused me to realize that I have never had a thought along the lines that outrageous actions by the radical left could move any leftist to the right. The absence of that thought is indicative of my disgust with the left. I hope Valerie is correct.

        JusticeDelivered in reply to Rick. | September 15, 2018 at 3:11 pm

        There is no doubt in my mind that extreme leftism is driving Dems to become independents, and once that wedge has been driven in some will given time shift further right.

          Subotai Bahadur in reply to JusticeDelivered. | September 15, 2018 at 10:56 pm

          In my own experience, I have never encountered a Liberal who gave an obese rodent’s gluts about civility when power was at stake. And I have never seen a Democrat offended by Leftism enough to leave the Democrats. YMMV

The truly hideous part about this entire thing is that to piss them off Kavanaugh doesn’t even HAVE to be a partisan.

He just has to follow the law and the Constitution.

It’s silly I suppose, but since the opening fiasco that was his confirmation hearing, I’ve had it in mind to send him a note of congratulations and to express my admiration and respect for who the man is and what he showed himself to be. And I’m somewhat relieved that soon, there’s 8 justices who will receive him with congratulations and honor.

He survived the gauntlet – I hope come 11/6 the country sweeps out some of the democrat trash.

At some time in the future, I think the Dimocrats will look back at this time and say – “We were almost there, all we had to do was stay sane!”

    Colonel Travis in reply to rinardman. | September 14, 2018 at 11:10 pm

    Being a leftist means never having to say you’re sorry. If they were rational, they’d have never used the tactics they’ve used. They will only grow more rabid and tyrannical.

Are these Dems just opponents or have they taken a step beyond?

It has to get to the point now that the GOP says to the Democrats that if they want to get into a fight over the next nominee, then a fight they will get. It is coming. For DiFI the dogma that is within her is bigoted and hateful and repulsive.

For the far left, there is no earth that isn’t scorched. These are the people that are gaining control of the Dem party machine and forcing the old guard out. Feinstein may want to hold onto power in the party for a while longer, but will have to sacrifice her reputation to do so.

    DaveGinOly in reply to technerd. | September 15, 2018 at 12:07 am

    Did DiFi, in an attempt to preserve the smallest shred of decency the Democrat party may still have, intentionally botch the handling of “the letter”? She may have considered it unreliable or suspect, and therefore not worthy of consideration. She may have considered the accusations credible (but almost certainly not provable), but after what had already been done to Kavanaugh, she may have considered releasing it a step too far. Was she trying to demonstrate some sanity and restraint, even if only for her personal satisfaction that she has not gone off the deep end with her comrades? She has shown herself capable of dignity and restraint in the past. Maybe this was her way of saying, “Enough!” and trying to be as graceful in defeat as the circus around her permits her to appear. She has been around long enough to remember (like RBG) what a hearing for a SCOTUS nominee should look like and possibly did not want to contribute further to the procedure’s decline.

      Uh, no.

      MajorWood in reply to DaveGinOly. | September 15, 2018 at 10:57 am

      Suggesting that Feinstein wants civility is like suggesting that Stephen Paddock just wanted them to turn the music down.

      It would not surprise me on Monday if we learn that Kavanaugh might have pulled a girl’s pigtails when he was 6, and that Booker has a 1080p video of the incident.

If they don’t at least take back the House this fall, I predict the Left will openly turn to violence. Open riots disguised as protests, possible terror bombings campaigns, assassination attempts on Republican officeholders will happen more and more frequently, and the press will justify it as “people who are not being heard acting out their passion”.

    Bucky Barkingham in reply to Evan3457. | September 15, 2018 at 7:45 am

    Kinda like in the 60’s and 70’s eh?

    oldgoat36 in reply to Evan3457. | September 18, 2018 at 6:26 pm

    I agree. The level of hatred and refusal to accept the election results nor see any of the good he has done this country, well, it isn’t going to change toward any kum-by-yah moment.

    Too much hate has been invested over this time. When you live off your emotion of hatred this long, it doesn’t turn off till it is shut off by giving actions of violence.

    I believe that many of the terrorist groups like Antifa and BLM and so on will escalate their protests and organize through funding by Soros and other like minded sociopaths across the country. They want a Civil War. They cannot accept the slower paced leftward motions the party has pushed so far. They got a taste of success with Obama and that wasn’t enough. I don’t think they believe it could escalate to a full out war. Neither did the Southern brethren. Few believed more than a thousand would die.

    We are on the brink of another full out Civil War. I hope cooler heads prevail, but fear the terrorists among us will not allow it to return to a level of civility. This has been building since Bush won against Gore and Kerry. The left didn’t accept his election as legitimate either.

So it’s even worse than previously indicated.

Apparently (reported in multiple sources but obviously not 100% confirmed unless the actual document gets released), Feinstein CENSORED THE NAME of the accuser before sending the letter to the FBI.

Let that sink in for a minute.

The expectation is that the FBI open an investigation to a man over an alleged incident 40 years ago WITHOUT EVEN PROVIDING THE ACCUSER’S NAME.

Remember RINOs. You were told EXACTLY this was going to happen when it worked on Moore.

    Which is why they will get their own share of the consequences.

    Another Voice in reply to Olinser. | September 15, 2018 at 2:29 am

    Feinstein is using Obamas’ model for how campus justice should be held for male students being accused of rape. The accused is deemed guilty by statement of fact made by the accuser and then treated to a one way ticket out the door with never having the ability to have the accuser face the accused.

Soon to be Justice Kavanaugh has had an opportunity that few of us have had–he looked evil in the eye. Democrats are that evil and I really hope that soon to be Justice Kavanaugh remembers the evil that afflicts the USA.

I tried to look up this crazy Maggie Wittlin chick.
She’s a law proffesor. Focussed initially on IP but branched out.
Couldn’t find much about her politics ( her tweets are a weird morass of stuff ), but she clercked for two Democratic judges.

I wonder if the accuser will turn out to be a lawyer, who will try to sell her services arguing before SCOTUS just to force Kavanaugh to recuse himself, since he cannot sit in on a case argued by a lawyer who accused him of a crime.

Bucky Barkingham | September 15, 2018 at 7:47 am

IMHO the Leftists know they can’t stop Kavanaugh so they are sending a message to Trump’s next nominee that this is the hell that awaits you if you accept.

“Could you blame Brett Kavanaugh if he were angry at the malicious treatment he has received at the hands of Senate Democrats and their alt-left supporters?”

I don’t look at it as anger or revenge. What Justice Kavanaugh has been given is an education in the true nature of the political left in America.

A lasting legacy of Kavanaugh is that he allowed many Democrats to clearly see that their party is not something they want to attach their name to anymore.

    The Packetman in reply to elle. | September 15, 2018 at 10:16 am

    That we’re not seeing massive demonstrations by ‘many Democrats’ decrying the tactics used against Judge Kavanaugh tells us they know about and approve of what’s being done.

      That’s only partly true. It’s similar to Muslims who want to live in the blessings of the Western world but manage to justify Jihad and Sharia in their hearts. But here’s the thing (stick with me here): The worst thing for Islam is the diaspora into the western world. Sure, it’s not great for us either, but in the LONG run, Muslims aren’t going to want to go back to a Taliban type existence. It’s not going to happen. The little girls growing up here now will want to put pretty bows in their hair and get cool jobs and being chattel doesn’t sound so hot. There is no stopping it. It will be bloody, no doubt, but what we are seeing is the lashings out of a dying beast.

      To your point, I know plenty of well educated Dem women who know and approve of what is happening. But they have become what they hate – old prudes signalling their virtue. They don’t realize it yet, but they look as ridiculous as the Christians who stood behind Jimmy and Tammy Faye Baker. They are no longer cool, just mean, like the sour faced women who looked the other way as the KKK terrorized innocent neighbors.

      Through mass media and social media these Democrats are told they are the cool and the hip and the megaphone is so loud it is easy for them to still believe it. Look at their flag-bearers, they are a bunch of fat old hypocrites in Hollyweird, The View etc.. They have become grotesque.

      My point is that Kavanaugh just made the scales fall off many eyes that this is not a movement about liberty but about brown shirts, raw power, censorship and 3rd world politics. It is the lashing out of a beast that has lost control and will use any means to maintain it. It’s not the cool hip place to be anymore no matter how hard they try to contain it.

        jakee308 in reply to elle. | September 15, 2018 at 1:49 pm

        I’ve always thought that we could avoid bloodshed in the ME is we just took the money spent on the military and combat dropped refrigerators, freezers, generators, furniture, home appliances. etc all over and let the people see what it’s like to live under the Great Satan.

        There would be riots and insurrection within months. Particularly when they started needing repairs and parts.

        It actually might be cheaper in the long run.

        Elle, I think you may be on to something, but here is the caveat: How many generations will it take before American Muslims become truly “American”?

        While in graduate school in the late 1970s, I was the senior RA in charge of a dorm that housed all the international students on the top floor. I had numerous conversations with the Iranian students and found them to be decent and strong believers in the American culture. (This was during the Iranian Revolution, and trust me, not a single one of them wanted to return home to Iran.) But there was just one problem: Their Persian thought pattern and way of analyzing the West was different. I had the oldest and brightest Iranian student tell me that the Shah of Iran personally machine gunned thousands of protestors from a helicopter. There was nothing I could say to dissuade him of this belief, however irrational and lacking in logic or facts.

        Muslim culture culture does not “fit” into the sense of being an “American.” Perhaps the children of my students could better relate if they had been born here of immigrant Muslim parents, and adopted the uniquely American culture. Unless and until they are willing to subjugate their religious beliefs to the more open and classic liberal American culture, I don’t see it happening.

          “”Unless and until they are willing to subjugate their religious beliefs to the more open and classic liberal American culture, I don’t see it happening.””

          They literally aren’t allowed to do that. It would make them apostates, and Muslims aren’t kind to people who forswear their religion.

          I think it is like a school. The bullies and gangs will run it if there is no competent administration that enforces the rules. You can have a competent administration come in and clean it up, but as soon as that force is removed, it will, within a short time, default to bullies and gangs again. Over and over. King Rat

          As for the virtue signalling men and women, they will always exist, riding the pendulum as it swings on the up side. As for Islam, it won’t be in our lifetime. People still cling to communism and socialism but what will stop it is when the supports that prevent other ideas from being shared are removed. They will have to destroy or control the internet to keep it intact.

          I believe if Trump and the existing pillars of government, can actually clean out enough corruption and restore the rule of law, there will be a significant period of peace and prosperity.

          JusticeDelivered in reply to Redneck Law. | September 16, 2018 at 10:59 am

          “willing to subjugate their religious beliefs to the more open and classic liberal American culture, I don’t see it happening.”

          The nature of muslim culture is to murder anyone who steps outside their group think. This is why Muslims have not evolved for the past 1400 years, while the rest of humanity did. A big part of the Muslim problem is 1400 years of inbreeding, and while ist cousins is bad enough, the truth is that brothers, uncles and even fathers have their way with young females. Inbreeding causes on average a 15 point loss of IQ and leads to volatile, easy to anger, psychotic people.

        JusticeDelivered in reply to elle. | September 16, 2018 at 10:44 am

        “It will be bloody, no doubt, but what we are seeing is the lashings out of a dying beast.”

        I am sure it will, and I am not willing to see even one maimed or dead American sacrificed to save these people. Toss them back into their respective shit holes and allow nature to run its course.

I think Kavanaugh is a man of fine character (yes, there are a precious few left), and I don’t think he will be affected at all. He’s been inside the beltway forever, and he’s seen what happens. He’s probably upset at all of this crap (i.e., record high level of vitriol and B.S.) … but I’d bet he’s not at all surprised.

He, more than someone from outside the Beltway, knows what he’s up against. He’ll get through this and then he’ll just keep on … keeping on.

“But just because future Justice Kavanaugh will resist the impulse to get even, doesn’t mean we have to exercise such judicial restraint.

You have seen the ugly face of #TheResistance, and if you think it’s just about a judicial nomination, you haven’t been paying attention. They treated Kavanaugh the way they treat conservatives, Republicans and the deplorables. This isn’t about Brett Kavanaugh.”

I think this is excellent, Prof. Jacobson. Now if someone could just forward the message to the “principled conservatives” opposing the President…

While I doubt he would act with animus towards them, this three ring I AM SPARTACUS!!11!!1!22 thing has likely torched any credibility or weight their arguments may have had in future Supreme Court cases.

They were not only over the top lunatics, they were idiots about it.

He doesn’t even need to turn into a determined angry partisan. All he needs to do is maintain constitutional principles and it’ll get under their skin.

I, like the Prof.) don’t believe Kavanaugh would decide up or down due to this.

However, I would imagine he might make the decision a little escapable as possible. Maybe put his thumb on the scale a bit when it comes to lee way and appeals.

When your enemy is destroying themselves, don’t interfere.

Everyone, EVERYONE including stone leftists see this as completely unfair and stupid. (that’s what they’re really mad about is that it had(s) no chance of succeeding and only make the Democrats looks worse.

If there’s no indications of Feinstein’s loss of mental acuity, this would do it all by itself.

This pitiful.

    JusticeDelivered in reply to jakee308. | September 16, 2018 at 11:08 am

    “When your enemy is destroying themselves, don’t interfere.”

    It just occurred to me that the far left and Arab mentality look a great deal alike.

Exclusive Report: Kavanaugh May Have Broken His Mother’s Back By Stepping On Crack As Child

This process will inform Justice Kavanaugh. He processes information quite well & it influences him.

I think that they have seen this before, with Clarence Thomas. I don’t think that he has truly forgiven the high tech lynching he got from the Dems, all because he was a conservative Black. But I don’t see Kavenaugh carrying the grudge like Thomas may have. We shall see.

If you’re a low information voter, you tend to buy into this kind of crap.

We’ll soon find out if there are enough of them to cause us to either be enslaved or have to fight it out for our freedom.

God I hope so

Oregon has no Romeo and Juliet laws: any sexual contact, even a kiss, between under-18s is a crime. We can safely assume that anybody who spent teen years in Oregon is, therefore, a sex criminal. Can sex criminals be trusted with a confirmation vote?