Monday, September 24, 2018
People are right to be concerned that #MeToo has gone too far. There are few who don’t think the movement has done good work in exposing predatory men and encouraging victims to come forward.
But when an editor is forced out of his job because he published something controversial, or a friend of the accused suffers professionally for his kind words, we’ve gone to the crazy place and need to come back from it.
Good thing we only have pure thoughts round here.
On July 12, 1790, in the first year of the French Revolution, the National Constituent Assembly passed the Civil Constitution of the Clergy. The Civil Constitution established a national Catholic Church in France subject to the government and not the papacy. As part of the Civil Constitution, religious orders were abolished, church property was seized, the number of dioceses were reduced and realigned, and bishops and pastors were to be elected locally by all those in their dioceses or parishes (laity included) who had sworn an oath of fidelity to the new constitution (and bishops and clergy were also required to swear allegiance). The authority of the pope over the appointment of bishops was reduced to the right to be informed of election results.
Kavanaugh Sends Defiant Letter To Grassley, Feinstein: ‘I Will Not Be Intimidated’ | The Daily Caller
“There is now a frenzy to come up with something—anything—that will block this process and a vote on my confirmation from occurring. These are smears, pure and simple. And they debase our public discourse. But they are also a threat to any man or woman who wishes to serve our country,” Kavanaugh wrote. “Such grotesque and obvious character assassination — if allowed to succeed — will dissuade competent and good people of all political persuasions from service. As I told the Committee during my hearing, a federal judge must be independent, not swayed by public or political pressure. That is the kind of judge I will always be.”
Slowly, the never-ending conflict is altering attitudes here, leading to what a perceptive Atlantic Council report has called “the geopolitical divorce of the century”: the separation of two countries that have been part of the same empire for centuries. Trade between Ukraine and Russia, whose economies have been intertwined since the Middle Ages, has plunged, replaced in Ukraine by trade with Europe and the rest of the world. India, not Russia, is now the largest buyer of Ukrainian food. Ancient religious links between the two countries are dying too: The Ukrainian Orthodox Church has now formally split from Moscow. Even personal ties are fading: With travel now limited by bans on direct flights between the two countries, Ukrainians are less likely to live and work in Russia, and more likely to go to Poland instead.
The rubber is about to meet the road for Senate Republicans. They have a simple choice: they can vote to confirm Supreme Court nominee Brett Kavanaugh, thereby ending the baseless and unsubstantiated Democrat- and media-fueled smear campaign against him, or they can kiss House and Senate majorities goodbye for the next decade, if not longer.
In case the election of one Donald J. Trump was not enough to compel the D.C. Republican establishment swamp creatures to wipe the muck from their eyes and see what’s happening with their own constituents, Republican voters have had enough of feckless do-nothings whose careers consist of little more than not doing everything they promised to do.
The Kavanaugh confirmation fight -- and the way the allegations from Ramirez as well as California professor Christine Blasey Ford, who says Kavanaugh assaulted her when they were in high school, have landed -- is absolutely and totally political. But the politicization of this hearing happened a long time ago, and Republicans are at least as culpable for it as are Democrats.It began with then-Senate Majority Leader Harry Reid changing the Senate rules on confirming judges in 2013. It worsened -- badly -- when Republicans were unwilling to even consider the nomination of Merrick Garland to fill the seat vacated by deceased Justice Antonin Scalia in February 2016. The changing of Senate rules to end debate to confirm Neil Gorsuch to the Court by a simple majority in 2017 further inflamed things. The deeply riven and partisan environment is the one into which Kavanaugh was nominated. And it has only gotten worse.
Robert VerBruggen raises a very obvious possibility: “These emails would appear to be important evidence regarding how this ball got rolling. They also may bear on the question of whether Ramirez’s memory closely matches the anonymous source’s simply because they’re both the account that was circulating while Ramirez was putting her memories together and contacting her former classmates. Let’s see them.” Yeah, let’s. Let’s see if it was Ramirez or someone else who first identified Kavanaugh as the person who assaulted her. Let’s see just how many gaps in Ramirez’s memory required filling in by others, seemingly not one of whom actually witnessed the incident. Let’s find out how many second-hand or even third-hand “witnesses” were needed to help the victim herself “remember.”
Kavanaugh: Hell no, I won't go, not after "such grotesque and obvious character assassination"; Update: Hatch blasts Dems "hide the ball" strategy"
“There is now a frenzy,” Kavanaugh writes, “to come up with something — anything — that will block this process and a vote on my confirmation from occurring.” Having smears received without corroboration and without evidence “debase our public discourse,” and worse yet, have become “a threat to any man or woman who wishes to serve our country.”
So much for the idea that Kavanaugh might quietly retire from the battle. That puts more pressure on Republicans to remain in support, especially with their voters putting high stock in ensuring conservative appointments to the Supreme Court. Politico reported earlier today that this is starting to get a little transactional for GOP leadership:
Sunday, September 23, 2018
The Penderlea Fire Department had to hose down a stretch of I-40 on Saturday because of what appeared to be hundreds of dead fish that were left behind by the flooding.
"Well, we can add 'washing fish off of the interstate' to the long list of interesting things firefighters get to experience!" the fire department wrote on Facebook along with video of them washing away the fish.
Soon after they arrived, they saw a man dislocate his shoulder when he jumped into the rock pool at the base of Hermit Falls. Less than a minute later, another man jumped and appeared to break both his legs.
Guarin, 40, of Long Beach said the cliff jumpers’ intentions were obvious: They wanted to get a video of themselves and post it to social media.
This is idiotic, even for Angelenos.
Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh’s College Years
As Senate Republicans press for a swift vote to confirm Brett Kavanaugh, President Trump’s nominee to the Supreme Court, Senate Democrats are investigating a new allegation of sexual misconduct against Kavanaugh. The claim dates to the 1983-84 academic school year, when Kavanaugh was a freshman at Yale University. The offices of at least four Democratic senators have received information about the allegation, and at least two have begun investigating it. Senior Republican staffers also learned of the allegation last week and, in conversations with The New Yorker, expressed concern about its potential impact on Kavanaugh’s nomination. Soon after, Senate Republicans issued renewed calls to accelerate the timing of a committee vote. The Democratic Senate offices reviewing the allegations believe that they merit further investigation. “This is another serious, credible, and disturbing allegation against Brett Kavanagh. It should be fully investigated,” Senator Mazie Hirono, of Hawaii, said. An aide in one of the other Senate offices added, “These allegations seem credible, and we’re taking them very seriously. If established, they’re clearly disqualifying.”
Oh dear. It seems while yours truly was beavering away in Yale Law School's library, across campus young Kavanaugh was thrusting his junk in a young woman's face. If the accusation is true. This is going to be hard to explain the girls on the basketball team. But seriously, this whole thing stinks. I feel sorry for Judge K.
LONG BEACH (AP) — California State University, Long Beach, will move its half-century-old “Prospector Pete” statue away from a prominent place on campus because of the impact the 1849 gold rush had on indigenous people.
A statement on the university website said the gold rush was “a time in history when the indigenous peoples of California endured subjugation, violence and threats of genocide.”
According to the university, the bronze statue formally named “The Forty-Niner Man” evolved from the creation of the original college in 1949 and founding President Pete Peterson’s references to having “struck the gold of education.”
The statue, unveiled in 1967, shows a rugged-looking, bearded man sitting on a rock. It features no gold mining or panning tools.
It can only be a matter of time for the Toreros, the mascot of my small but undeniably cute university. A torero, for those of you who don't know, is a bullfighter-person. They are invariably male, which is sexist, and they kill bulls, which is unkind at best. I would suggest The Vegans, just as a suggestion. It will be several decades until vegetables get a voice.
It had been hiding in plain sight. The original letter — long thought lost — in which Galileo Galilei first set down his arguments against the church’s doctrine that the Sun orbits the Earth has been discovered in a misdated library catalogue in London. Its unearthing and analysis expose critical new details about the saga that led to the astronomer’s condemnation for heresy in 1633.
About 40 years ago, Americans started getting much larger. According to the Centers for Disease Control and Prevention, nearly 80 percent of adults and about one-third of children now meet the clinical definition of overweight or obese. More Americans live with “extreme obesity“ than with breast cancer, Parkinson’s, Alzheimer’s and HIV put together.
And the medical community’s primary response to this shift has been to blame fat people for being fat. Obesity, we are told, is a personal failing that strains our health care system, shrinks our GDP and saps our military strength. It is also an excuse to bully fat people in one sentence and then inform them in the next that you are doing it for their own good. That’s why the fear of becoming fat, or staying that way, drives Americans to spend more on dieting every year than we spend on video games or movies. Forty-five percent of adults say they’re preoccupied with their weight some or all of the time—an 11-point rise since 1990. Nearly half of 3- to 6- year old girls say they worry about being fat.
(Bloomberg) -- The White House is considering a draft executive order for President Donald Trump that would instruct federal antitrust and law enforcement agencies to open probes into the practices of Alphabet Inc.’s Google, Facebook Inc., and other social media companies.
Some academic Ford supporters lent their scholarly credentials to the credible-is-enough argument. "The existence of credible allegations against Judge Kavanaugh should be disqualifying," wrote Cardozo Law School professor Kate Shaw in the New York Times. "If members of the Senate conclude that a credible accusation of sexual misconduct has been made against Judge Kavanaugh, that should be enough to disqualify him."
In The Atlantic, Brookings Institution scholar Benjamin Wittes took the argument to its illogical extreme. Because of the political sensitivity of the situation, Wittes wrote, Kavanaugh "cannot...seek to discredit a woman who purports to have suffered a sexual assault at his hands."
"Even if [Kavanaugh] believes himself innocent, even if he is innocent," Wittes concluded, "the better part of valor is to get out now." That is, to withdraw his nomination.
So there it is: Ford's supporters believe in her because they believe in her. They think a credible allegation is enough to disqualify Kavanaugh. And even if that allegation is not, in fact, true -- even if Kavanaugh is innocent -- he is still disqualified. In the current battle, Kavanaugh's opposition is essentially faith-based, trying to create an environment in which there is no way he can win.
Just a nit: Ford's allegations are not "credible;" they're just allegations. They're not bizarre, physically impossible allegations. So they're "credible" in that very limited sense. Other than that, they're backed up only by her word. The obvious thing to do is, get here before the committee so she can testify. Probably that will clear nothing up, and then we can proceed to a vote. Let wing journalists can start constructing their narrative about what happened. Law can get on with itself.
Saturday, September 22, 2018
Consider the spectacle: Judge Kavanaugh’s nomination for the U.S. Supreme Court, the embodiment of a modern rule of law, is being decided in the Senate by the medieval practice of trial by ordeal, such as surviving immersion in fire or ice. Trial by ordeal was outlawed by the Lateran Council in 1215.
However, if Republicans confirm Kavanaugh before November, Democrats have indicated that the fight would not be over are raising the prospect of further investigations and even impeachment.
Sen. Sheldon Whitehouse, D-R.I., said that “as soon as Democrats get gavels”, the party will investigate the Kavanaugh allegations even if he is confirmed and sitting on the Supreme Court.
“This is such bad practice that even if they were to ram this guy through, as soon as Democrats get gavels we’re going to want to get to the bottom of this,” he said on CNN.
It is no surprise that media coverage of Supreme Court nominee Brett Kavanaugh would be slanted against him. Journalists overwhelmingly are progressives, not moderates or conservatives, and they dislike even mainstream, establishment Republicans like Kavanaugh. The Washington Post, which has not endorsed a Republican for President since 1952, admits that “studies show that most newsrooms tilt liberal/Democratic.” This ideological tilt has a negative effect on journalists’ perception of the integrity and intelligence of conservatives in general. New York Times editorial page editor Andrew Rosenthal claimed that it was hard to find conservatives worth hiring because so many conservatives are liars. As he put it, “The problem with conservative columnists is that many of them lie in print.”
Nobel Prize-winning economist Joseph Stiglitz: Continually Mistaken, Chronically Admired | City Journal
As Stiglitz stressed in his Nobel lecture, “perfect competition is required if markets are to be efficient” (italics his). He was right that by challenging the idea of perfectly competitive markets, information economics signified a paradigm shift. But perfect-competition theory is so abstract that only economists blinded by their own mathematical proofs could possibly subscribe to it. Any institutions created and run by fallible human beings are bound to fail. Then again, these same human beings run the governments in which Stiglitz places such trust.
Friday, September 21, 2018
As any historian of the genre will tell you, horror has had previous golden ages. Perhaps ours is just a random quirk of popular taste. But perhaps not. Perhaps we are intoxicated by horror today because the genre is serving a function that others aren’t. Can’t. Horror’s roots run deep, but they twist themselves into forms very modern. The imagination’s conversion of fear into art offers a dark and piercing mirror.
What may sound like a dystopian vision of the future is already happening in China. And it’s making and breaking lives.
The Communist Party calls it “social credit” and says it will be fully operational by 2020.
Within years, an official Party outline claims, it will “allow the trustworthy to roam freely under heaven while making it hard for the discredited to take a single step”.
Thursday, September 20, 2018
In 2016 Trump ran to the left of the other Republicans. Let them talk about entitlement reform -- he didn’t want to touch it. He told us he wanted something more than a repeal of the Affordable Care Act. He wanted to repeal it and replace it with something better. And in so doing he found himself in the sweet spot in American politics, the place where presidential elections are won: middle of the road on economics but nationalistic and conservative on social issues.
That’s a wining platform in every other First World country. When Trump destroyed the Republican Party of Paul Ryan, he replaced it with a non-ideological party that more closely resembles the conservatives of Britain and France, and that’s why it’s so misleading to call him a populist. Suspicious of free traders, the opponent of Whiggish oligarchs, the supporter of national institutions -- that was Benjamin Disraeli. Some populist!
So that's what Prof. Buckley is up to.
President Trump finally did it. On Monday, he announced new tariffs on $200 billion worth of Chinese imports — starting at 10 percent but eventually scheduled to rise to 25 percent. It's a major development, but not a terribly surprising one in the context of Trump's bottomless nationalist belligerence.
What was surprising? China's rather weak-kneed response: Tariffs of 5 to 10 percent on $60 billion worth of American imports.
That's not nothing. But it's also not super-impressive compared to Trump's escalation. And that suggests the Chinese are changing tactics. Specifically, they may be slow-walking Trump until the midterms.
Those darn Chinese.
Media organs like the Washington Post are now full of slanted articles implying that Kavanaugh is guilty. Read media coverage of the unproven accusation against Kavanaugh, and you will find an endless stream of commentary and “perspective” pieces claiming that “nothing has changed” since the Hill-Thomas hearings, because, supposedly, powerful men can get away with anything. Most of these pieces do not discuss any of the inconvenient facts that undermine their assumption of guilt. The implication is that we should assume Kavanaugh guilty because of power relationships, rather than conduct an objective evaluation of the evidence in his specific case.
This propaganda has been effective. A poll shows that 46% believe the accusations against Kavanaugh, and only 19% disbelieve them. Even if Kavanaugh is potentially innocent, it may become politically necessary for the White House to withdraw the Kavanaugh nomination to avert serious political damage.
You’re probably curious: did the octopuses freak out? The scientists didn’t discuss such behavior in the paper, because it’s hard to quantify without anthropomorphizing the octopuses—Dölen warned me that the following is anecdotal evidence and not scientific observation. But yes, the octopuses acted like they took ecstasy. At first, when they received a little too much MDMA, they breathed erratically and turned white. But on lower doses, one animal “looked like it was doing water ballet,” swimming around with outstretched arms. Another spent part of the time doing flips, and another seemed especially interested in minor sounds and smells.
I want an octopus. I want some ecstasy. I want to do flips underwater. These are not scientific conclusions.
Twenty-five post-mortem examinations were carried out but found no evidence of "human involvement".
Scotland Yard said injuries inflicted on cats were "likely to be the result of predation or scavenging by wildlife on cats killed in vehicle collisions".
Foxes are believed to be behind some of the mutilations.
Those darn foxes. Still, life is pretty hard for a cat on his own.
I was open to the argument that in some circumstances, in some small number of cases, there might be exceptions to this general rule, going even beyond enforcement of campaign finance laws and regulations: the Manchurian Candidate exception. This appears to be what our intelligence and law enforcement leaders thought they were invoking when they launched their probes into and surveillance of the Trump campaign.
Now it appears that, beyond a generalized suspicion, they’ve been acting on nothing more than the Steele dossier. A document unverified, as Steele himself has admitted in a British court — a document made up entirely of hearsay from unknown and unavailable witnesses, a document bought and paid for by the Hillary Clinton campaign.
So, it’s unsurprising to read that the intelligence and law enforcement agencies are resisting or slow-walking a promised presidential order to declassify their documents and deliberations. And that congressional Democratic leaders are insisting that the agencies submit such declassified material to them before making it public. They don’t want people to know that intelligence and law enforcement agencies have been violating the general rule that they should not interfere in electoral politics.
“The entire inquiry,” Bob Woodward quotes Trump’s ex-lawyer John Dowd, “appears to be the product of a conspiracy by the DNC [Democratic National Committee], Fusion GPS — which did the Steele dossier — and senior FBI intelligence officials to undermine the Trump presidency.”
'No accident' Brett Kavanaugh's female law clerks 'looked like models', Yale professor told students
A top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a “mentor to women” privately told a group of law students last year that it was “not an accident” that Kavanaugh’s female law clerks all “looked like models” and would provide advice to students about their physical appearance if they wanted to work for him, the Guardian has learned.
This seems to be guilt by association, if it's true that Prof. Chau's read of Kavanaugh's tastes is correct, and if it further implies that Kavanaugh likes women to look a certain way. If he likes women to look a certain way, then he might have attempted to rape one, I suppose. When I worked on the DC Circuit, none of us looked like models. So things are generally looking up, or down, depending on whether you like the look of models.
It is a growing mantra on and off Capitol Hill. Both members and commentators have insisted that Christine Blasey Ford “has a right to be believed.” Hawaii's Democratic Sen. Mazie Hirono not only has insisted that she and other women alleging abuse “need to be believed,” but men need to “just shut up and step up.” It is a jarring disconnect for members who insist that they confirm a nominee who will approach legal questions with a fair and open mind while dispensing with such considerations in their own treatment of his nomination. The fact is that Ford has a right to be heard and to be treated fairly. Neither she nor Kavanaugh have a right to be believed on the basis for an allegation or a denial.
Wednesday, September 19, 2018
A trail of evidence appearing in major news outlets suggests a campaign to undermine President Trump from within the government through illegal leaks of classified information, and then thwart congressional investigators probing the disclosures.
I'm so sick of this story. But here it is for the record.
The only condition for either witness that will be recognized by the Senate is that their testimony will be truthful. If Ford will not testify, the Senate committee would have grounds to move toward to a final vote. That may avoid the “interrogation,” only to clear the path to confirmation.
Four points, to state the obvious.
First, in no case does even the most sympathetic, convincing victim of a crime get to dictate the terms of the investigation.
Second, in any sexual-assault investigation, an interview of the alleged victim is among the first things that must be done. Here, moreover, it would be the first thing, since after 36 years a forensic investigation is not possible. Because the alleged victim’s version of events would dictate the course of the rest of the investigation, it would be absurd to delay an interview.
Third, as long as Ford’s counsel want to talk about regular, independent investigations, we should note that there is not a police organization in America that would entertain her allegation, in light of the lapse of time and the long-ago exhaustion of the statute of limitations. Professional investigators understand only too well the inherent unreliability of allegations raised in the manner Ford’s have been raised. The only relevance of this alleged incident is to a Senate function, so it is for the Senate committee to decide how to proceed.
Fourth, as Ford’s lawyers well know, in our adversary system, we do not submit disputes to a team of independent expert investigators. We have advocates for each side — partisans — make the case as well as it can be made from their side’s perspective, and we let the other side attack with all its partisan might. We allow each side to examine the other’s witnesses. Based on this often heated clash, we expect that members of the public will be able to figure out what information is reliable, what is nonsense, and what the truth is. That is the process we use for deciding life-and-death criminal sentences, as well as civil judgments that can be financially ruinous. We have used it for centuries because it works.
It is fashionable throat-clearing at this point to offer some vertiginous, ostentatiously sympathetic twaddle about how Professor Ford is credible in the sense that she truly believes what she has claimed, yet mistaken about . . . well . . . everything that matters. Sorry, I’m a simple man. What’s happening here is pure BS.
The Center added, “In America's five largest cities, 48 percent of residents now speak a language other than English at home. In New York City and Houston it is 49 percent; in Los Angeles it is 59 percent; in Chicago it is 36 percent; and in Phoenix it is 38 percent.”
A scientific mission into the secret ocean lair of California’s great white sharks has provided tantalizing clues into a vexing mystery — why the fearsome predators spend winter and spring in what has long appeared to be an empty void in the deep sea.
These tweets caught my attention last night, as Whelan is prominent in conservative legal circles and might know of matters afoot behind the scenes that the rest of us plebes aren’t aware of yet. He seems very confident that the Ford matter is about to blow up in Democrats’ faces somehow.
In a statement to The Washington Post, Graham likened the way Democrats have handled the allegation, which surfaced last week in news reports and was made public over the weekend in an interview in the Post with Kavanaugh's accuser, to a "drive-by shooting."
“All I can say is that we’re bringing this to a close,” Graham told the newspaper.
“They’ve had tons of time to do this. This has been a drive-by shooting when it comes to Kavanaugh," Graham continued. "I’ll listen to the lady, but we’re going to bring this to a close.”
Well, hooray for Sen. Graham.
The party was thrown by Guzman’s wife, Emma Coronel, who was photographed in 4-inch-high heels in front of a fake pink mansion and a long table covered with flowers, desserts and a towering birthday cake.
Images from the extravaganza, which took place at what appeared to be a real mansion in Culiacan, the capital of Sinaloa state, were uploaded by the event photographer.
“Celebrating #MaximumElegance,” photographer Antonio Tizoc wrote in one caption. In another, he praised the twins, Emali and Maria Joaquina, as “princesses.”
Reactions to the images ranged from amused to incensed.
Kavanaugh accuser Christine Blasey Ford demands 'full investigation' by FBI before testifying, in letter from her lawyers | Fox News
Christine Blasey Ford, the California professor claiming Supreme Court nominee Brett Kavanaugh sexually assaulted her more than 35 years ago, late Tuesday demanded a "full investigation" by the FBI before she attends any congressional hearing or "interrogation" into her accusations.
In response, Judiciary Committee Chairman Chuck Grassley, who said Ford is still invited to speak to the committee, countered that "nothing the FBI or any other investigator does would have any bearing on what Dr. Ford tells the committee, so there is no reason for any further delay.”
Tuesday, September 18, 2018
“Brett Kavanaugh is as good a person as you’re ever going to find,” said an attorney who grew up in Bethesda and knows Kavanaugh as well as some of Ford’s siblings. Of the Blaseys, he said, “They’re a great, nice family. In other words, you’re not going to be able to demonize this woman effectively. ... They have an excellent reputation.”
Grassley suggests last-minute Kavanaugh hearing could be canceled if accuser doesn’t accept invite | Fox News
Senate Judiciary Committee Chairman Chuck Grassley on Tuesday raised the possibility that next week’s high-stakes open hearing to examine the sexual assault allegation against Supreme Court nominee Brett Kavanaugh could be canceled if the accuser doesn’t accept the committee’s invitation.
She wondered: If science could map the sources of love in her brain, could it somehow make that love go away?
It's been a long time since I felt anything like love that I wished I didn't. Now if the boffins could figure out a cure for indifference, that would be something.
At least one person here came to the conclusion that Elon Musk was acting as if he was on some sort of medication or substance that was affecting his performance. I have no idea, but this isn’t the first time the visionary has acted oddly. I recently looked at the question of whether or not Elon Musk is cracking up. I don’t think we need to blame it on anything nefarious. The guy works up to 120 hours a week. He never sees his family and just doesn’t seem to take a break except to do media appearances.
Too much work and drugs.
“The Conspiracy’s malicious activities include the creation of the malware used in the 2017 WannaCry 2.0 global ransomware attack; the 2016 theft of $81 million from Bangladesh Bank; the 2014 attack on Sony Pictures Entertainment (SPE); and numerous other attacks or intrusions on the entertainment, financial services, defense, technology, and virtual currency industries, academia, and electric utilities.”
China’s real problem isn’t the so-called Thucydides trap, which holds that a rising power like China must clash with an established power like the U.S., the way ancient Athens clashed with Sparta. It was Lenin, not Thucydides, who foresaw the challenge the People’s Republic is now facing: He called it imperialism and said it led to economic collapse and war.
Walter Russell Mead.
This is a risky accommodation, because the media and Democrats won’t be satisfied no matter what Republicans do. But if it provides the space GOP senators need to move ahead to confirm Judge Kavanaugh, it may be the least damaging accommodation. The test is whether the hearing serves the purpose of keeping confirmation process close to schedule, or whether it will be turn into what the Democrats are really pushing for: the first of many delaying actions to come—what one Judiciary Committee staffer describes as “Borking 2.0.”