You may have heard that a crowd of peaceful protesters gathered outside a restaurant where Justice Kavanaugh was dining one evening recently. Now, I don’t approve of threats of violence under any circumstances, but from what I can gather, there were none … this was a peaceful protest. Actions have consequences, and when you make a decision that is life-altering (not in any good way) for more than half the population, I think you have to expect that people will make their displeasure known in whatever way they can. In fact, one section of the First Amendment of the U.S. Constitution reads …
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
In his July 9th newsletter, Robert Hubbell summed it up well, I think …
These two things are not alike.
A troubling aspect of the Dobbs decision is that many people view it as an abstraction rather than a significant change in the status of women under the Constitution. A small example of that occurred in a protest at Morton’s Steakhouse in Washington, D.C. Justice Kavanaugh was eating dinner at Morton’s yesterday. Word quickly spread, protesters gathered outside the restaurant, and someone called Morton’s to express their displeasure at Kavanaugh’s presence in the restaurant. Kavanaugh later left the restaurant through the back entrance to avoid the protesters.
Morton’s (read: a male manager at Morton’s who didn’t have the sense to consult a woman) issued an offensive statement that read, in part:
“Politics . . . should not trample the freedom of the right to congregate and eat dinner. Disturbing the dinner of all of our customers was an act of selfishness and void of decency.”
Wow! Strong words! Let’s take a look at Morton’s statement and consider the competing injuries of being subjected to free speech and being stalked by bounty hunters seeking a reward for reporting a woman who just had a miscarriage. Spoiler alert: Those two things are not alike.
First, Morton’s asserts there is a “right to eat dinner.” Well, let’s apply the Dobbs analytical framework to that right. The “right to eat dinner” does not appear in the text of the Constitution, nor is there an implied “right to eat dinner” that is a “deeply rooted tradition in our nation’s history.” As explained in Merriam-Webster’s usage note on “dinner” …
“The use of dinner to refer to the main meal of the day, eaten as the last meal of the day, is a relatively recent phenomenon.”
So, sorry, Morton’s, there is no express or implied constitutional “right to eat dinner” under Dobbs.
Second, Morton’s (like Kavanaugh) might be shocked to learn that the Constitution expressly protects “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kavanaugh might not like hearing the grievances of the people injured by his decision in Dobbs, but he has no constitutional right to prevent the protesters from expressing those opinions peacefully.
Finally, Kavanaugh knew when he joined the majority in Dobbs that women suffering miscarriages would be reported by bounty hunters to law enforcement in the hope of earning a $10,000 reward. Between 10% to 15% of pregnancies spontaneously miscarry. In Texas, women who suffer miscarriages and seek medical treatment presumptively expose their doctors to criminal prosecution and a $100,000 fine. Thus, the 10% – 15% of women who suffer miscarriages in Texas will likely be denied medical treatment because their doctors fear they will be charged with a felony. Compare that injury to being forced to eat a $75 steak while drinking a $200 bottle of wine as protesters gather peacefully on the street.
Kavanaugh lied his way onto the Court and has engaged in the bad-faith reversal of settled precedents in multiple cases. He should not be surprised that Americans are unhappy with his use of the Court as a raw political weapon. Let’s hope that the peaceful protests cause him to reflect on the fact that his actions have made the lives of American women immensely worse. Perhaps a bit of humility about the real-world consequences of his decisions will temper his thinking in future matters.
As for Morton’s, telling women that protesting their demotion to second-class citizenship is “selfish and void of decency” demonstrates that it is out of touch with what just happened in America. Someone who is not angry at women should take over the PR function at Morton’s.



At any rate, this is justice as it should be, and for once, fairness won the day.
Justice Clarence Thomas has had a seat on the United States Supreme Court since 1990 when he replaced one of the most-respected Justices in the history of the nation, Justice Thurgood Marshall. Thomas’ confirmation was sticky, to say the least, with a less-than-stellar ranking from the American Bar Association, his reticence to answer many questions, and lastly allegations of sexual misconduct, but still he was confirmed. He leans to the right … a bit too far for my tastes, but nonetheless, I’ve had no truck with him. His wife, however, is another matter.
Ginny Thomas, it appears, has played a significant role in the recent purges within the Trump administration … purges not based on incompetence, but rather on not being considered to be ‘loyal’ enough to Trump. Loyalists, or close allies of Trump, provided him lists of names of those who were perceived as not being 100% on board with Trump, and Ginny Thomas was one of the leaders of the pack.
The Supreme Court is our last bastion against the corruption in Washington. More than once in the past years, I have been very disappointed in the decisions of the Court. The most disappointing, I think, was their ruling in the case of Citizens United v FEC in 2010, a ruling that left the door wide open for corporations and lobbyists to literally buy the votes of members of Congress. And just last June, the Court ruled that federal courts are powerless to hear challenges to partisan gerrymandering … another disappointment.
I think that for a person with a law degree, as both Barr and Kavanaugh as well as all of Trump’s lawyers, many members of Congress and others in the administration have — including, believe it or not, Kellyanne Conway — this should be clear enough. If you and I can understand it … why can’t the lawyers?























Corruption? Nah, surely not!
The cost of the requested vehicles, made by Kawasaki, runs from $9,999 to $15,299. These won’t be normal jet skis, though, as they will feature special rescue saving equipment, such as rescue sleds. While most of us struggle to even afford a small vacation to the beach or the mountains, WE are paying for the entire Trump entourage to frolic in the surf and for them to have maximum protection while doing so. Tell me again how Trump & Co are not benefiting from his office? BAH HUMBUG!
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”