Kavanaugh's Farcical Supreme Court Job Interview: Guest MINDSETTER™ Geoff Schoos
Guest MINDSETTER™ Geoff Schoos
Kavanaugh's Farcical Supreme Court Job Interview: Guest MINDSETTER™ Geoff Schoos
Because the publisher’s a nice guy, and because he has a reporter’s position to fill, he inquires about these gaps. The applicant explains that while he didn’t major in journalism, English, or communications, he did take an Intro to Journalism class and earned an “A.”
When asked about his missing work history, the Applicant explains that he’s eager to discuss it with the Publisher, but his former employer has imposed a confidentially agreement forbidding such discussion. But the Applicant assures the Publisher that he handled complex issues with his former employer, who in turn was thrilled with the job the Applicant did. He just can’t discuss it.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTBecause the Publisher is a nice guy he tells the Applicant that he’ll keep his credentials, consider them, and get back to him. After the Applicant leaves, the Publisher is left to wonder whether the Applicant’s visit was some form of practical joke or was the result of a full moon?
A couple of hours after the Applicant’s departure, the Publisher receives a phone call from his biggest advertiser asking how his nephew did on his interview and when he would start his new position? The Publisher must tell the advertiser that there’d be no start date for his nephew as he didn’t provide any detailed information as to his education or experience in journalism.
Advertiser takes this news very badly, rants that the Publisher misled the nephew and that if he isn’t hired, an advertiser will pull all his advertising from the news organization, and urge his friends to do likewise, thereby threating the news organization’s financial viability.
The Publisher finds himself in a quandary. If he hires someone presumably unqualified (we don’t really know whether the Applicant is or isn’t qualified due to lack of information), he risks jeopardizing the integrity of his news organization. If he stands firm and doesn’t hire the Applicant, he risks the financial viability of the organization, thus putting at risk the fates of employees who had no say in the matter.
If you think that this is implausible, think again. At play here are the professional integrity and the financial viability of a news organization. Any organization that operates in the public sphere, be it a news organization or a legal corporation or even a governmental agency, relies on the trust and confidence of the wider public to do its job. No matter the level of confidence enjoyed by such an organization, all it takes is a poison pill employee to undue years, if not decades, of building goodwill and community trust.
And if you’re thinking that the local fast food burger joint wouldn’t use this practice to hire counter help, you’d probably be correct. Nobody in their right mind would.
So here’s the Zen question of the day: why is this process being used to “hire” a Supreme Court Justice for a lifetime gig?
To be fair, we know a lot more about Brett Kavanaugh than we do about our fictitious Applicant. We know that he’s well-educated, that he worked in various jobs in his profession, and that for the past twelve years has served on the Circuit Court for the District of Columbia, a prestigious judicial appointment.
He has a body of written work that can be reviewed, but not all of it. Evidently, there are hundreds of thousands of documents that are under seal, documents that might shed light on Judge Kavanaugh’s judicial reasoning. We have some insights and are told that those insights are sufficient to inform us of Kavanaugh’s legal reasoning process. But is it?
Most of us have heard some version of the old trope, “If you ask two lawyers the same question, you’ll get five answers.” In some part, that’s true, but not for the reasons most think. The law is not a binary either/or entity, but is complex and often nuanced. What is the law ’s language? Is it clear or obscure? What are the facts to which the law will be applied? Is the law valid or does it run afoul of constitutional doctrine? What rights are impacted in this matter? Are any of the parties a legal protected class, which will determine the analysis of the “law?” What does the case law say relative to similar factual situations?
I came up with six legitimate questions and I have no idea what the facts and issues are! And trust me, there are at least twenty more questions that can be posed once the underlying facts of a matter are revealed.
Let me give a real example from the first day of the Senate Judiciary Committee’s hearing on the Brett Kavanaugh appointment. It’s clear that the Democrats want to slow the process until all the documents are obtained and analyzed. It’s equally clear that the Republican majority wants to wrap this up, if possible, before the weekend. It is in this context that a colloquy occurred between Committee Chair Grassley (R-IA) and Senator Blumenthal (D-CT) over Committee Rule 4.
The genesis of the colloquy was Blumenthal’s motion, under Rule 4, to adjourn the public hearing, go into Executive Section to resolve several procedural issues before resuming the public hearing. Blumenthal argued that Rule 4, a motion properly made required a vote of the full Committee. Grassley ruled that had the motion been made in Executive Session it would have been proper, as Rule 4 applied only to Executive Sessions. Blumenthal argued that there was no language of limitation in the Rule, and Grassley challenged Blumenthal to show in the Rule’s text that it could be employed in a public hearing.
Several minutes of hilarious hijinks ensued until Grassley prevailed. After all, he had the gavel. But that’s not the point. In this matter, we had a factual issue, a Rule’s text seemingly applicable to these facts, inconclusive language, and two equally valid views of its relevance. This is not unlike many issues that appear before courts, especially appellate courts. There was and will never be a neutral arbiter to decide the issue.
As this was going on it occurred to me, why doesn’t Kavanaugh turn to one of his handlers, say “hold my beer,” and set out to decide the conflict? Doing so would’ve been more instructive as to his thought process and judicial temperament than the multi-day kabuki job “interview” that we’ll witness.
GoLocal Statewide Poll - Conducted by Harvard's Della Volpe - June, 2018
Registered Voters
Q1: Are you registered to vote in Rhode Island?
Total 501 100%
Yes: 501 100%
No: 0 0%
Don't know: 0 0%
Gender
Q2: Are you ...
Total
Total: 100%
Male: 44%
Female: 56%
Age
Q3: In which age group are you?
18-24: 7%
25-34: 16%
35-44: 15%
45-54: 20%
55-64: 17%
65+ 25%
Political Party
Q4: When it comes to voting, do you consider yourself to be affiliated with the Democratic Party, the Republican Party, Moderate, or Unaffiliated with a major party?
Democrat: 38%
Republican:14%
Moderate: 6%
Unaffiliated: 39%
Don't know/Refused: 3%
Likely Voters
Q5: Next year, in November of 2018, there will be a statewide general election for Governor and many other state offices. How likely is it that you will vote in this election? Will you definitely be voting, will you probably be voting, are you 50-50...
Definitely be voting.............................. 81%
Probably be voting............................... 19%
All others............................................. 0%
Top Issue
Q6: What would you say is the number one problem facing Rhode Island that you would like the Governor to address?
Taxes.................................................. .18%
Jobs and economy.............................. 16%
State budget.........................................11%
Roads...................................................10%
Education............................................ 8%
Healthcare........................................... 5%
Corruption/Public integrity.................... 4%
Immigration.......................................... 4%
Housing.............................................. ..2%
Governor............................................. ..2%
Homelessness.......................................1%
Other.. ............................................... 14%
Don’t know.......................................... 6%
Direction
Q7: In general, would you say things in Rhode Island are headed in the right direction or are they off on the wrong track?
Right track........................................... 19%
Wrong track......................................... 36%
Mixed.................................................. 45%
Optimism
Q8: Thinking ahead several years, is your outlook about Rhode Island more optimistic or more pessimistic?
Optimistic............................................ 52%
Pessimistic...........................................48%
Finances
Q9: Over the last three years or so, has your family's financial situation improved, gotten worse, or not changed at all?
Changed for the better......................... 24%
Changed for the worse......................... 33%
Not changed at all................................ 43%
Governor
Q10: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Gina Raimondo, a Democrat
I am sure to vote for her: 9%
There is a good chance I will vote for her: 19%
It is possible that I vote for her: 24%
It is unlikely that I will vote for her: 18%
I will never vote for her: 31%
Governor
Q11: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Matt Brown, a Democrat
I am sure to vote for him: 4%
There is a good chance I will vote for him: 8%
It is possible that I vote for him: 40%
It is unlikely that I will vote for him: 30%
I will never vote for him: 17%
Governor
Q12: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Spencer Dickinson, a Democrat
I am sure to vote for him: 3%
There is a good chance I will vote for him: 7%
It is possible that I vote for him: 37%
It is unlikely that I will vote for him: 35%
I will never vote for him: 18%
Governor
Q13: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Paul Roselli, a Democrat
I am sure to vote for him: 2%
There is a good chance I will vote for him: 7%
It is possible that I vote for him: 35%
It is unlikely that I will vote for him: 37%
I will never vote for him: 19%
Governor
Q14: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Allan Fung, a Republican
I am sure to vote for him: 7%
There is a good chance I will vote for him: 18%
It is possible that I vote for him: 28%
It is unlikely that I will vote for him: 25%
I will never vote for him: 21%
Governor
Q15: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Patricia Morgan, a Republican
I am sure to vote for her: 3%
There is a good chance I will vote for her.: 9%
It is possible that I vote for her: 32%
It is unlikely that I will vote for her: 35%
I will never vote for her: 21%
Governor
Q16: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Giovanni Feroce, a Republican
I am sure to vote for him: 2%
There is a good chance I will vote for him: 5%
It is possible that I vote for him: 24%
It is unlikely that I will vote for him: 35%
I will never vote for him: 34%
Governor
Q17: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Luis-Daniel Muñoz, an Independent
I am sure to vote for him: 3%
There is a good chance I will vote for him: 6%
It is possible that I vote for him: 33%
It is unlikely that I will vote for him: 38%
I will never vote for him: 21%
Governor
Q18: Which of the following comes closest to your view regarding each of the following potential candidates for governor of Rhode Island?
Joe Trillo, an Independent
I am sure to vote for him: 1%
There is a good chance I will vote for him: 8%
It is possible that I vote for him: 37%
It is unlikely that I will vote for him: 34%
I will never vote for him: 19%
Governor
Q20: If the election for Governor were held today and the candidates were: Democrat Gina Raimondo, Republican Allan Fung and Independent Joe Trillo - for whom would you vote?
Allan Fung, a Republican..................... 33%
Gina Raimondo, a Democrat................ 33%
Joe Trillo, and Independent.................. 16%
Don't know 18%
Governor
Q20: If the election for Governor were held today and the candidates were: Democrat Gina Raimondo, Republican Patricia Morgan and Independent Joe Trillo - for whom would you vote?
Gina Raimondo, a Democrat................ 39%
Patricia Morgan, a Republican............. 20%
Joe Trillo, an Independent................... 19%
Don't know ......................................... 22%
Governor
Q21: If the election for Governor were held today and the candidates were: Democrat Matt Brown, Republican Allan Fung and Independent Joe Trillo - for whom would you vote?
Allan Fung, a Republican..................... 35%
Matt Brown, a Democrat...................... 25%
Joe Trillo, an Independent.................... 14%
Don't know .......................................... 27%
Governor
Q22: If the election for Governor were held today and the candidates were: Democrat Matt Brown, Republican Patricia Morgan and Independent Joe Trillo - for whom would you vote?
Matt Brown, a Democrat...................... 30%
Patricia Morgan, a Republican............. 20%
Joe Trillo, an Independent.................... 18%
Don't know .......................................... 33%
U.S. Senate
Q23: If the election for the U.S. Senate were held today and the candidates were: [ROTATE] Democrat Sheldon Whitehouse and Republican Robert Nardolillo - for whom would you vote?
Sheldon Whitehouse, a Democrat........... 53%
Robert 'Bobby' Nardolillo, a Republican.. 31%
Don't know............................................... 16%
U.S. Senate
Q24: If the election for the U.S. Senate were held today and the candidates were: [ROTATE] Democrat Sheldon Whitehouse and Republican Robert Flanders - for whom would you vote?
Sheldon Whitehouse, a Democrat........ 54%
Robert Flanders, a Republican............. 32%
Don't know.......................................... 14%
Schools
Q25: If there was an election today, would you vote to approve or reject issuing $250 million in financing supported general obligation bonds to repair Rhode Island's deteriorating school buildings and bring them up to minimum standards called "warm, safe and dry"?
Net: Approve...................................... 74%
Definitely approve............................... 36%
Probably approve................................ 38%
Net: Reject......................................... 17%
Probably reject.................................... 9%
Definitely reject.................................... 7%
Don't know.......................................... 9%
PawSox
Q26: The Rhode Island General Assembly is in the process of negotiating a $40 million public financing deal with the Pawtucket Red Sox for a new stadium, hoping to bring a vote before the House and Senate this summer.
In general, do you favor or oppose the use of public funds to help finance a new stadium for the Pawtucket Red Sox?
Net: Favor.......................................... 33%
Strongly favor...................................... 13%
Somewhat favor.................................. 21%
Net: Oppose....................................... 59%
Somewhat oppose.............................. 21%
Strongly oppose.................................. 38%
Don't know.......................................... 8%
Fane Tower
Q27: The City of Providence and the state of Rhode Island are considering a proposal by New York developer Jason Fane to build a 46-story luxury residence tower in Providence, next to a public riverfront park. The developer will invest $250 to $300 million of his own funds. The project is called the Hope Point Tower, it would be 170-feet taller than the Superman building and would require waiving height restrictions and the use of state tax credits.
In general, do you favor or oppose development of the Hope Point Tower?
Net: Favor.......................................... 39%
Strongly favor...................................... 13%
Somewhat favor.................................. 27%
Net: Oppose....................................... 50%
Somewhat oppose.............................. 23%
Strongly oppose.................................. 27%
Don't know.......................................... 11%
Elorza/Traffic Cameras
Q28: How would you rate the job that Mayor Jorge Elorza has done managing issues related to speed cameras in Providence?
Net: Excellent/Good.......................... 26%
Excellent............................................. 6%
Good................................................... 20%
Net: Fair/Poor.................................... 74%
Fair...................................................... 29%
Poor.................................................... 45%
Q29: Since it was launched in 2016, UHIP -- the Rhode Island program designed to improve customer service for those who receive federal benefits -- has run into significant problems, including long lines, cost overruns, lost applications, over- and under-charging of patients and families.
Based on what you know at this time, what percent of blame for this do you assign to:
Deloitte, the consulting company who
produced the system........................... 53.3%
Governor Gina Raimondo, who has
been governor since the system
launch in September 2016................... 47.1%
NIMBYism
Q30: Presently, there are local groups opposing the development of a natural gas facility in Burrillville, solar projects in Exeter, a LNG facility in Providence and wind projects in North Kingstown.
Some people say that it is important for local groups to play a role in opposition of projects like these that could be dangerous or harmful to citizens;
Others say that local groups have gone too far to the detriment of the state’s long-term energy needs.
Which statement comes closer to your own view?
Local groups play an important role...... 46%
Local groups have gone too far............. 31%
Not sure................................................. 24%
Corruption
Q31: Compared to other states, do you think there is:
More political corruption in RI................. 63%
Less political corruption in RI................ 7%
About the same level as other states..... 30%
Income
Q32: The next question is about the total income of YOUR HOUSEHOLD for the PAST 12 MONTHS. Please include your income PLUS the income of all members living in your household (including cohabiting partners and armed forces members living at home).
$50,000 or less.................................... 33%
More $50,000 but less than $75,000..... 18%
More $75,000 but less than $100,000... 16%
More $100,000 but less than $150,000. 13%
$150,000 or more................................ 10%
Don't know/refused.............................. 10%
Ethnicity
Q33: What particular ethnic group or nationality - such as English, French, Italian, Irish, Latino, Jewish, African American, and so forth - do you consider yourself a part of or feel closest to?
Net: White, Non-Hispanic..................... 82%
Black or African American.................... 6%
Latino/Hispanic.................................... 5%
Other.................................................... 7%
Geography
Q34: City/Town Into Region.
West Bay............................................ 28%
Metro-Providence................................ 28%
Blackstone Valley................................ 21%
South County...................................... 10%
East Bay............................................. 13%
