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To: conservatism_IS_compassion

Some Republican official must sue for libel in the teeth of the fallacious Sullivan decision.
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so, like kavanaugh is not who you have in mind. because he would not be able to be involved in deciding the case.
this would be so great though. he could be a plaintiff in a case brought before the court on which he serves.
seems BIZARRE, but WTH - consider the times in which we live.


4 posted on 09/16/2019 10:17:12 PM PDT by Honest Nigerian
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To: Honest Nigerian
kavanaugh is not who you have in mind. because he would not be able to be involved in deciding the case.
What you say is true - but ironically, that might actually be the way to proceed. If Kavanaugh brought his (on the merits, slam-dunk) libel case and it came before SCOTUS - and with Kavanaugh recused the judgement went 4-4 - the miscreants would have no grounds for complaint. They would lose nothing but their court costs.

But they would be on notice that any future such case would go against them. Not condign punishment, but fair warning.

Kavanaugh could even say in his recusal that if he were forced to sue the same people for libel again, he might not recuse. Or, better, he could perhaps prevail on a Democrat-appointed Justice to state that in such case they might recuse.


8 posted on 09/17/2019 8:54:24 AM PDT by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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