About Sen. Patrick Leahy’s Absurd Assertion About Justice Don Willett: In A Pig’s Eye!
[guest post by Dana]
As you are aware, one of the better things that President Trump has done since taking office is to nominate Texas Supreme Court Justice Don Willett to the U.S. Court of Appeals for the Fifth Circuit. Of course, not everyone is pleased with the nominee, nor charmed by his popular Twitter feed. For example, at his confirmation hearing today, Sen. Patrick Leahy (D) took Justice Willett to task for a tweet the Tweeter Laureate of the 84th Texas Legislature made back in 2015 right after the Supreme Court heard oral arguments in the Obergefell v. Hodges case:
Demonstrating that he is not above using an innocuous bacon tweet in an effort to serve his political purposes, the manipulatively humorless senator proceeded to use the tweet in an effort to show Willett’s lack of respect for the Court and, ostensibly, judicial precedents.:
…Leahy suggested that the bacon tweet showed Willett’s disdain for the Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriages.
“I don’t think one would see that as praising the Supreme Court decisions,” Leahy said of the tweet.
Willett explained that he meant the tweet as a mild joke to lighten the tension in a tense political climate.
” Senator, as for the bacon tweet, that was the day after the Obergfell decision was issued and it was my attempt to inject a bit of levity,” he said. “The country was filled with rancor and polarization. It was a divisive time in the nation.”
Leahy followed up, asking Willett, “And you think that cut back the divisiveness with a comment like that?”
“Senator, I believe every American is entitled to equal worth and dignity,” Willett said. “I’ve never intended to disparage anyone and would never do so. That’s not where my heart is.”
(Cross-posted at The Jury Talks Back.)
–Dana
Senators at work. Or perhaps: this is what Vermont has given us, along with Bernie Sanders…
Dana (023079) — 11/15/2017 @ 11:28 amHeh! What were you saying about the use of Twitter by persons high in the government, just a little while back, Dana?
Actually, he doesn’t seem to have twitted since his nomination to the 5th Circuit. https://twitter.com/JusticeWillett?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
nk (dbc370) — 11/15/2017 @ 11:32 amleahy wasn’t gonna vote for him anyways
happyfeet (28a91b) — 11/15/2017 @ 11:36 amAnd now you see why Cheney’s rejoinder was entirely appropriate.
narciso (ef9447) — 11/15/2017 @ 11:37 amIt would seem the reason for his Twitter silence is part of the process in keeping a low-profile:
Further, with regard to Willett’s tweets vs. the president’s:
Of course, only one of the two pose any real risk of inciting our unhinged enemies to act against us.
Dana (023079) — 11/15/2017 @ 11:45 amEating bacon the nitrates will give you colon cancer.
baconator (a1a207) — 11/15/2017 @ 12:06 pmRay Wylie Hubbard
Screw You. We’re from Texas
Pinandpuller (714d1a) — 11/15/2017 @ 1:02 pmWhat? No slides?
Trump Travelogue was dry; so dry, he had to stop and Marco Rubio live on camera.
Bring it on SNL.
DCSCA (797bc0) — 11/15/2017 @ 1:15 pmHe still watches SNL! Bless his heart!
Colonel Haiku (993483) — 11/15/2017 @ 1:19 pmTwitter’s for twatters l.
Colonel Haiku (993483) — 11/15/2017 @ 1:21 pmThat joke, made on that day, is going to be understood by a large percentage of the population as implicitly comparing marrying a member of the same sex to marrying a piece of bacon.
*If* he meant it as levity, it was a terrible choice to do it.
aphrael (3f0569) — 11/15/2017 @ 1:40 pmNo, it is clearly understood as expressing a desire for the ability to marry the one he loves.
But people without a sense of humor find ways to be offended at every turn.
Chuck Bartowski (7ba363) — 11/15/2017 @ 2:06 pmbacon’s good for adding flavor to lots of different dishes
usually you need a lot less than you think
happyfeet (28a91b) — 11/15/2017 @ 2:07 pmYou have no right to not be offended. If there were such rights, teh Dogs of War would be fouling every carpet, sidewalk, lawn, everything! It’d be a real mess!
Colonel Haiku (993483) — 11/15/2017 @ 2:17 pmaphrael,
That “large percentage” of the population does *not* include a sitting senator who has done copious amounts of research (or had his staff do it) on Trump’s nominee. Further, in doing their research, it would be plainly easy for anyone to see that Willett’s twitter feed typically falls under civics education and/or humor and/or family stuff. I don’t believe that the senator did not know this, and instead believe he used this manipulatively as a way to stumble the nominee or cast doubt upon his views of the court.
Dana (023079) — 11/15/2017 @ 2:19 pmFurther, Leahy’s sorry efforts to try and stumble Willett, to me, demonstrates that he will be a shoe-in.
Dana (023079) — 11/15/2017 @ 2:19 pmShoo-in
Sammy Finkelman (02a146) — 11/15/2017 @ 2:20 pmI’m with aphrael – that joke was in poor taste.
It’s on the same level as, say, joking about abolishing slavery by joking that next, rats will have freedom too (hardee-har-har / snort).
Tillman (a95660) — 11/15/2017 @ 2:21 pmMoore lawyers hold ‘Bama presser, throw chaff, wave papers, refuse questions; ask for yearbook to have handwriting analysis by their ‘expert.’
They really should have asked for a mother’s permission, first.
Bail, Hannity. Bail out. This guy’s tomorrow’s side order at the Olde Hickory House: TOAST.
DCSCA (797bc0) — 11/15/2017 @ 2:23 pmhere’s the video
Mr. Willett’s got this campbell’s soup kid sorta thing going on
happyfeet (28a91b) — 11/15/2017 @ 2:25 pmOh yes, Sammy, “shoo”-in. Thx.
Dana (023079) — 11/15/2017 @ 2:28 pmhappyfeet, I published the video in the post.
Dana (023079) — 11/15/2017 @ 2:29 pmoh how did i miss that
happyfeet (28a91b) — 11/15/2017 @ 2:33 pmhappyfeet – Absolute dining excellence.
mg (60b0f7) — 11/15/2017 @ 2:46 pmhttp://www.verscapecod.com
@baconator:Eating bacon the nitrates will give you colon cancer.
No one here gets out alive. You skip the bacon, more for the rest of us.
Frederick (64d4e1) — 11/15/2017 @ 2:56 pmthe oyster sides are super clever I haven’t had any of those that I can remember (Drunken Tomato Sauce, Cucumber-Ginger Granita, or Champagne Foam)
i might would have the butternut squash soup for dessert i think it looks like a treat
tuna tartare with lemongrass ice creams oh my goodness that’s not been overdone that’s for sure
oh gosh there’s so much that jumps out it’s hard to commit to the tasting menu cause there’s so much stuff I’m already sold on
happyfeet (28a91b) — 11/15/2017 @ 2:59 pmTed n Heidi Cruz cook their bacons using a machine gun it drips all over the floor but you still can get trichinosis i bet (unevenly cooked bacon killed 47% of the french casualties in WW2 true story)
happyfeet (28a91b) — 11/15/2017 @ 3:02 pmtoday’s honey boo boo’s the lamest one since the Mateus Rosé chick
happyfeet (28a91b) — 11/15/2017 @ 3:05 pmBreaking- two new Moore accusers surface in Alabama.
DCSCA (797bc0) — 11/15/2017 @ 3:08 pmthe second one isn’t an accuser really Mr. DCSCA I think she must just be late on a car payment
happyfeet (28a91b) — 11/15/2017 @ 3:11 pmTexas is one of the few state with partisan judicial elections. In Willett’s 2012 race, he was endorsed by rabidly anti-LGBTQ advocates, including Focus On The Family founder James Dobson, Christian revisionist historian David Barton, Liberty Institute CEO Kelly Shackelford and Gov. Greg Abbott, the Republican who was then the Texas attorney general and now is the state’s governor.
https://www.google.com/amp/s/m.huffpost.com/us/entry/us_5a0c6d23e4b0bc648a0f5d62/amp
Ben burn (3761f0) — 11/15/2017 @ 3:16 pmSo it turns judge Moore wee Mrs nelson’s judge presiding over one of her divorces curious.
narciso (d1f714) — 11/15/2017 @ 3:17 pmI can honestly say every appetizer is off the charts delicious. I have had Duck and Skate as evening main specials. Both made me very happy. And the Truth or Dare dessert is a must. Done table-side. A reconstructed tiramisu was educational, entertaining and incredibly tasty.
mg (60b0f7) — 11/15/2017 @ 3:22 pm@32. So Moore’s own legal team contradicts their client’s statement: “I never did what she said I did. I don’t even know the woman. I don’t know anything about her. I don’t even know where the restaurant is or was.” Unless he was just playing paper jockey and routinely signing documents w/o any personal contact.
DCSCA (797bc0) — 11/15/2017 @ 3:25 pmi wish i ever got to go out that way Mr. mg
happyfeet (28a91b) — 11/15/2017 @ 3:40 pmit’s pretty clear Mr. Moore didn’t remember ye olde honey boo boo
happyfeet (28a91b) — 11/15/2017 @ 3:41 pmSpeaking of dumpster fires apparently justice league
narciso (d1f714) — 11/15/2017 @ 4:34 pmit’s likely ben’s last turn at bat
happyfeet (28a91b) — 11/15/2017 @ 4:35 pmYes but like George Clooney the damage might be irreperable to the franchise.
narciso (d1f714) — 11/15/2017 @ 4:43 pmLeahy, in an unprecedented move, was kicked off the Intelligence committee for leaking secret information.
Mike K (b3dd19) — 11/15/2017 @ 4:45 pmeHe is a ctreep
Enemy action we can conclude:
narciso (d1f714) — 11/15/2017 @ 4:49 pmhttp://www.heritage.org/commentary/leaky-leahy-seeks-sensitive-info-again
king – WaPo reports two more women describe unwanted overture by Roy Moore at Alabama mall.
That’s four just today. And it’s only Wednesday.
This guy’s not only toast, he’s burnt toast.
DCSCA (797bc0) — 11/15/2017 @ 5:43 pm^Breaking
DCSCA (797bc0) — 11/15/2017 @ 5:43 pmYou would think it would be a slam dunk:
https://bigleaguepolitics.com/gloria-allred-refuses-say-high-school-yearbook-signature-not-fabricated/v
narciso (d1f714) — 11/15/2017 @ 5:46 pmI didn’t find Willett’s tweet humorous. I understood it the same way as aphrael. If he meant it the way Chuck B. explained it, it was a good joke badly phrased, which means not a good joke.
But if a bad joke is the worst complaint Leahy can make, then the Senate should confirm by unanimous vote.
kishnevi (39af22) — 11/15/2017 @ 5:51 pmYael is not pleased with Judge Roy….http://www.cnn.com/2017/11/15/politics/ivanka-trump-roy-moore/index.html
kishnevi (39af22) — 11/15/2017 @ 5:58 pmFine did she the same ouvno they pulled on her father a year ago.
narciso (d1f714) — 11/15/2017 @ 6:00 pm@4: What goes around, comes around:
https://www.youtube.com/watch?v=lmhmYYjrVUY
DCSCA (797bc0) — 11/15/2017 @ 6:03 pmFour or four hundred is all the same, if they don’t have enough detail to be refuted.
Frederick (c42085) — 11/15/2017 @ 6:04 pmLeaking classified info is how the Democrats roll.
Colonel Haiku (2601c0) — 11/15/2017 @ 6:16 pmYael is not pleased with Judge Roy
kishnevi (39af22) — 11/15/2017 @ 5:58 pm
If I had a creepy admirer, he’d look a lot like Roy.
Pinandpuller (616192) — 11/15/2017 @ 6:20 pmBTW Frederick, you’re welcome to my bacon ration. And Sammy I am sure will be glad to give you his.
kishnevi (39af22) — 11/15/2017 @ 6:22 pmFour or four hundred is all the same, if they don’t have enough detail to be refuted.
Frederick (c42085) — 11/15/2017 @ 6:04 pm
I’ve seen about 400 Joe Biden pics just today that give me pause. Or is it paws?
Actually today my wife saw chicken feet at Save-A-Lot labeled as chicken paws. It wasn’t even Engrish.
Pinandpuller (616192) — 11/15/2017 @ 6:26 pmI’m not eating that, now drumsticks are ‘muslitos De polo which doesn’t translate any better.
narciso (d1f714) — 11/15/2017 @ 6:41 pmI only eat alitas. Talking about muslos reminds me too much of Maná
They sing a lot of Español sucio.
Pinandpuller (616192) — 11/15/2017 @ 7:53 pmChicken wings seems reasonable.
narciso (d1f714) — 11/15/2017 @ 7:56 pmSubstantive due process is a legal doctrine which has no bounds beyond the interpreter’s most fervent desires.
The Constitution of the United States says exactly as much about bacon as it does about marriage. Obergfell is awful constitutional law, but was the inevitable consequence of a prior bad constitutional law/substantive due process precedent, Lawrence v. Texas, and both are arguably worse than Roe v. Wade.
Those who don’t care about or who misunderstand constitutional law, those who care only about results based on particular preferred — loved — policies may read Willett’s Tweet as hateful toward gays. I think that is inaccurate projection on their part.
Were I a legislator, or a state governor deciding whether to sign state legislation, I would happily support or sign laws overturning the Texas sodomy statute at issue in Lawrence, or the Ohio marriage statute at issue in Obergfell. I’ve supported the concept of gay marriage since the first time it occurred to me to consider whether gay people might want to get married, and was then, and remain, embarrassed that the question didn’t occur to me sooner. And likewise as a policy matter, I don’t support criminal laws that try to regulate, among consenting adults, who makes whose naughty bits tingle.
But I believe constitutional law ought to be tethered to the words that are in the Constitution, and that it’s harmful to the Rule of Law and the political process to have nine unelected lawyers with life tenure functioning as a super-legislature. I believe that Willett shares that view. If our mockery of unprincipled judicial decisionmaking that’s untethered to the Constitution is misread as being a comment on the underlying policy issues, then those so misreading are demonstrating either ignorance of the distinction between public policy and constitutional law or they are projecting hateful intentions that are creations of their own fantasies, rather than fair characterizations of what we’re mocking and why we’re mocking it.
Beldar (fa637a) — 11/15/2017 @ 10:24 pmWillett is occasionally guilty of indiscretion — but so too, on occasion, was Justice Scalia. I don’t think Justice Scalia had a Twitter account, and he definitely wouldn’t have submitted meekly to either the original or expanded Twitter character limit. Judges ought not tweet.
Beldar (fa637a) — 11/15/2017 @ 10:28 pmExcept gay marriage want about that, any mire than abortion was, it was another jackhammer against the prumordual institution that neduates between the individual and the state, the tradutional family
narciso (d1f714) — 11/15/2017 @ 10:29 pmgay marriage was just to lock the pendulum in place so it couldn’t swing back – otherwise they would have advocated more inclusive legislation for more people, People like the Golden Girls.
Sammy Finkelman (8e756e) — 11/15/2017 @ 10:37 pmThey lie to us, all the time:
narciso (d1f714) — 11/15/2017 @ 10:41 pmhttp://www.nydailynews.com/new-york/nycha-gave-false-lead-paint-certifications-thousands-homes-article-1.3632012l
There was never any push to see if bacon, gay marriage or an ill placed pillow contributed to Scalia’s death.
Pinandpuller (616192) — 11/15/2017 @ 10:46 pmAre you saying that four cohabitating old ladies should be able to be married Sammy? The Mother Daughter Sister Wives?
Pinandpuller (616192) — 11/15/2017 @ 10:49 pmThe minute Jonathan Turley wins big on plural marriages Utah is going to sue for reparations.
Pinandpuller (616192) — 11/15/2017 @ 10:52 pmotherwise they would have advocated more inclusive legislation for more people, People like the Golden Girls.
It was not happenstance that the first state to legalize same sex marriage, by way of its Supreme Court, was Massachusetts. Henry James described “Boston Marriages — two women in domesticity — in the late 1800’s and his own sister was in one.
nk (dbc370) — 11/15/2017 @ 10:56 pmI think the problem with the lead paint certifications was this: they didn’t give them the option of saying they hadn’t done the inspections. Anything that is supposed to be true 100% of the time is prone to people just signing.
There has to be a certain failure-to-do rate, or it’s not believable.
There are lots of store in the news to talk about. Ignoring what happens in Burma. The death of people in the Mediterranean Sea and the attempt to pretend it is possible to have a humane immigration law if you ignore the strength of desire to go somewhere else. They get a vote too, or you will inevitably cause people to die. And more.
Sammy Finkelman (8e756e) — 11/15/2017 @ 11:21 pm“Leahy suggested that the bacon tweet showed Willett’s disdain for the Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriages.”
And this is bad because, why?
Bored Lawyer (998177) — 11/16/2017 @ 7:59 amThey give tax breaks to the middle class then they yank them back. Republicans are slashing Obamacare with these tax bills. Then they are eliminating deductions for things like healthcare expenses, state and local taxes, mortgage interest and on and on. Things that impact most of us regular joes.
Then what? They give the Trump children one to three billion dollars in tax cuts. Billion. With a “B” Just for one family?
You gotta be shi**in me.
noel (b4d580) — 11/17/2017 @ 5:01 amSorry. Posted that under wrong headline.
noel (b4d580) — 11/17/2017 @ 5:07 amObergefell wasn’t based on substantive due process argumentation, it was based on equal protection argumentation (as was O’Connor’s concurrence in _Lawrence_).
I didn’t hear Willets’ joke at the time he made it, but if I had, I would have heard it as saying that “marriage” between a man and a piece of bacon is just as reasonable and real as “marriage” between two men — and implying, by extension, that whatever the state says, my marriage is not really “marriage”. The *only* way the joke is funny is if it’s tapping into a perceived similarity between bacon marriage and gay marriage — and it’s that perceived similarity which I read as demeaning.
I don’t think this should bar him from being a judge; I’m not that thin skinned. But it does make me not like him.
aphrael (e0cdc9) — 11/20/2017 @ 6:29 pm