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Old 07-09-2018, 06:55 PM  
Eleazar Eleazar is offline
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Trump to nominate Brett Kavanaugh for Supreme Court

NBC news reporting Kavanaugh is the pick
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Old 07-09-2018, 06:57 PM   #2
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A longtime foe of former President Bill Clinton and a former aide to President George W. Bush, Kavanaugh is favored by many conservatives and has served on the D.C. Circuit Court since 2006, bringing with him a long record of conservative jurisprudence.

Kavanaugh, a graduate of Yale Law School, cut his teeth under former Independent Counsel Kenneth Starr, who led the investigation that ultimately resulted in Clinton’s impeachment. Kavanaugh himself was a lead author of the controversial Starr Report.

A former Kennedy clerk, Kavanaugh is much loved in conservative legal circles as an originalist in the mold of Justice Clarence Thomas and former Justice Antonin Scalia.

Rising conservative star J.D. Vance, who wrote the best-selling Hillbilly Elegy, recently took to the pages of the Wall Street Journal to make the case for Kavanaugh, who was one of his professors at Yale Law School.

“He is a committed textualist and originalist, one whose time on the bench has revealed a unique ability to apply these principles to legal facts,” Vance wrote. “He deeply believes in the constitutional separation of powers as a means for ensuring governmental accountability and protecting individual liberty. From the start of his career, he’s applied the Constitution faithfully, even when that made him a lonely voice. He has done so with particular tenacity on the issue that matters most to the president: taking power away from unelected bureaucrats and returning it to elected officials.”

Kavanaugh was in the spotlight recently when he sided with the Trump administration and dissented in a ruling that allowed an undocumented minor to undergo an abortion. In his dissent, he accused the majority of devising “a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.”

However, some conservatives have privately argued that his dissent did not go far enough and have expressed skepticism he may not be a reliable vote in potentially overturning Roe v. Wade.

More than any of the other finalists, Kavanaugh is a creature of Washington, having spent the vast majority of his career in the capital.

“In terms of his actual daily life, he’s a guy that does not live in a conservative bubble,” said Doug Gansler, the former Democratic Attorney General of Maryland and a friend and Yale classmate of Kavanaugh’s. “He has liberal friends and spends time talking to his liberal friends about a variety of issues. But make no mistake about it, he’s a conservative guy.”

Kavanaugh was born in Washington and grew up in Bethesda, Maryland. He and his wife Ashley, a former personal secretary to President George W. Bush, have two daughters.

According to the D.C. Circuit Court website, Kavanaugh serves meals with Catholic Charities in Washington and has tutored at Washington Jesuit Academy, where he sits on the board of directors, and at J.O. Wilson Elementary School. He’s also a fan of the Washington Nationals and coaches youth basketball, according to Gansler.


https://www.politico.com/story/2018/...l-views-703346
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Old 07-09-2018, 06:58 PM   #3
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Matt Schlapp: With Brett Kavanaugh, America will have a bold, brilliant Supreme Court justice


BY MATT SCHLAPP, OPINION CONTRIBUTOR — 07/05/18
The Hill



For believers in the original meaning of the Constitution, the retirement of Justice Anthony Kennedy is a special yet perilous moment. For nearly 70 years, Republican presidents have committed repeated unforced errors when it came to making Supreme Court nominations. President Trump owes his successful capture of the GOP nomination in part to his covenant with conservatives that he would appoint only devoted constitutionalists to the nation’s highest court.

In dramatic fashion, Trump upped the ante by agreeing to pick from a list that would be made public for all to see, vet and scrutinize. It was as if James Madison was learning the “Art of the Deal”. It was equal parts political genius and a public change in strategy for a Constitution badly in need of restoration. And it helped ensure the eventual elevation of Justice Neil Gorsuch, who became the majority-making fifth vote in historic cases this term.

The list assembled by Trump and his counsel Don McGahn — with the assistance of outside allies like Leonard Leo of the Federalist Society — is stellar. I have deep respect for Judge Amy Coney Barrett, a proud Notre Dame graduate, who showed grace during senate persecution for having the audacity to put her faith in Jesus Christ. Sen. Mike Lee (R-Utah) is making history in the Senate and quickly becoming a national thought leader. If he is not selected, he will be needed to train the next junior senator from Utah. Volumes could be written about all of them. But now it is time for the president to choose.


One person on the list, Judge Brett Kavanaugh, is unique. I worked closely with him for the first four years of President George W. Bush’s administration, and I saw his character, philosophy and temperament. I and many colleagues often sought his counsel. Kavanaugh is someone you can trust and someone you want assistance from when decisions need to be made and the issues are complicated.

I watched him digest thorny legal questions and respond with a calm compassion. Judge Kavanaugh was never rattled nor condescending. He was thoroughly decent and always respectful — well, maybe not always, as he has a wry sense of humor and loves to poke fun, even at himself, often followed by a choppy, contagious laugh. Judge Kavanaugh’s collegiality made me like him, but it was his steadfast commitment to principle that earned my respect.

Too many times, conservatives have been burned by Supreme Court nominees who lack a judicial record that demonstrates their approach. But if you want to know why Brett Kavanaugh is the best choice for the Supreme Court, all you have to do is look at his record. Over his 12 years on the D.C. Circuit, Judge Kavanaugh has consistently, boldly, and fearlessly applied textualism and originalism to a striking range of legal issues. Even more impressive is that, during the past decade, the Supreme Court has adopted Kavanaugh’s position an astonishing 11 times. He literally wrote the book on judicial precedent, with Justice Gorsuch as one of his co-authors. No one else on the president’s list comes even close to that level of influence.

There are many examples of Kavanaugh’s willingness to take a stand. In a major Second Amendment case, he dissented from a decision that upheld a ban on semi-automatic rifles. (Justice Thomas has repeatedly cited that opinion in his own writings.) Kavanaugh struck down campaign spending limits on non-profits. He dissented from a decision that upheld the ObamaCare contraceptive mandate. He explained that public prayer at official government ceremonies is constitutional. And he sided with the Trump administration in a high-profile abortion case, dissenting from what he called a “radical” majority opinion that invented “a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand.”

One could go on. But the point is clear: Judge Kavanaugh’s demonstrated record of bold constitutional conservatism means we don’t have to be told or to take on faith how he will make determinations. His more than 300 written opinions reveal his trust in the words of the Constitution and its application to government actions.

I want to hit the critics head-on. A few conservatives have raised concerns that Judge Kavanaugh will be “another John Roberts,” who sounds great but lets down conservatives in the end. Other than the fact that both sat on the D.C. Circuit (where Justices Scalia and Thomas also sat), the Kavanaugh-Roberts comparison is completely misplaced. When Roberts was nominated to the Court, he had a short judicial record that included few significant opinions. Kavanaugh’s 12-year record includes dozens of textualist and originalist opinions. Kavanaugh is not another Roberts; he’s another Scalia, Alito, or Gorsuch. In fact, on issues such as reining in the administrative state, he is arguably more conservative than even those three highly regarded justices.

Brett Kavanaugh is my friend, and I wish him a meaningful life. Being nominated to the nation’s highest court will test his character, burden his beautiful family, and create many inconveniences. I know he is up to the challenge, and I know he is the type of person in whom the president will take pride.

If Brett Kavanaugh gets the nod, I believe he will be confirmed, with many Democratic votes. (Judicial activism, it turns out, is actually not all that popular.) Americans will rally behind Kavanaugh because they will learn what I already know. In Kavanaugh, the nation will have a justice who is versed in the law, respectful to those around him, and unafraid to do his duty, which is to uphold the Constitution and nothing — absolutely nothing — more.



http://thehill.com/opinion/judiciary...-supreme-court
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Old 07-09-2018, 07:02 PM   #4
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AP also reporting that it's Kavanaugh. Event at WH now starting.
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Old 07-09-2018, 07:09 PM   #5
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Kavanaugh was my first choice among the four, so I think Trump has done a fine job with both his appointments now. He's kept his word on the list of potential judicial nominees he put out during the campaign and has actually chosen two of the best names from among them.

On this at least he knows what he's doing, and what he needs to do to keep his support together.

Now when's the next justice retiring...?
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Old 07-09-2018, 07:12 PM   #6
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I don’t care for the Yale/Harvard monopoly on the SCOTUS, but other than that minor quibble, I think this is a fine pick. Way to go, Trump.
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Old 07-09-2018, 07:12 PM   #7
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@DPRK_News
Judicial Beauty Contest nearing end as US President Trump judges contestants on frugality, beauty, charm, obedience, and Special Talent Show.

@DPRK_News
UPDATE: US President Trump selects Caucasian Male of little note.
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Old 07-09-2018, 07:13 PM   #8
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Tonight on Nightline, @TerryMoran reports on the controversial Supreme Court Justice pick and the possible implications for the country.

Tonight on Nightline, 6:23 PM · Jul 9, 2018




The pick had not been announced - but Nightline knew it would be "controversial"
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Old 07-09-2018, 07:13 PM   #9
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Sell Out to the Establishment Once Again!

Karl Rove's Pick
A Bushie who was an Anti-Trumper
Big Government Conservative
No earth shaking decisions back to the Constitution.

A NeoCon who will be terrible on War Powers of the Constitution using judicial activism.

Since these things are the case, I would have rather have Judge Nap, Trump's personal emotional favorite even if just for a few years.

NeoCon Don Strikes Again!
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Old 07-09-2018, 07:14 PM   #10
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Kavanaugh is Catholic, which will bring the number of Catholics on the court back to 5. (previously Kennedy, Thomas, Roberts, Alito, and Sotomayor)
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Old 07-09-2018, 07:16 PM   #11
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Originally Posted by Eleazar View Post
Kavanaugh is Catholic, which will bring the number of Catholics on the court back to 5. (previously Kennedy, Thomas, Roberts, Alito, and Sotomayor)
So much for Catholics being a threat to Roe V Wade as insinuated of Barrett.
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Old 07-09-2018, 07:16 PM   #12
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Brett Kavanaugh, Donald Trump’s Supreme Court finalist, explained
He’s a veteran of every conservative cause you can imagine, from the 2000 Florida recount to the fight against Obamacare.

By Dylan Matthews@dylanmattdylan@vox.com Jul 9, 2018, 11:30am EDT


President Donald Trump is set to announce his nominee for Anthony Kennedy’s seat on the Supreme Court Monday evening at 9 pm, and by all accounts, a frontrunner for the position is DC Circuit Court of Appeals judge Brett Kavanaugh.

Kavanaugh, 53, is a candidate straight out of Supreme Court central casting: He went to Yale and Yale Law (every current justice either attended that school or Harvard Law); he clerked for two federal appellate judges, including the well-known Alex Kozinski; worked in the solicitor general’s office in the George H.W. Bush administration; and then clerked for Anthony Kennedy on the Supreme Court. Since 2006, he has sat on the DC Circuit, which also produced current justices John Roberts, Clarence Thomas, and Ruth Bader Ginsburg.

It’s not for nothing that on Sunday the Federalist Society’s Leonard Leo, who has been Trump’s most important adviser on court nominations, singled Kavanaugh out as one of the two most promising contenders for Kennedy’s seat, alongside the Seventh Circuit’s Amy Coney Barrett.

His resumé is the one every ambitious college Republican hoping to be on the Supreme Court one day dreams of building. Sen. Dick Durbin (D-IL) once called him the “Forrest Gump of Republican politics.” But his likely nomination is sparking substantial debate among movement conservatives. He has his defenders, but concern has been growing in right-wing legal circles about his decisions in religious liberty cases and on Obamacare. Even cautiously pro-Kavanaugh writers are skeptical he’s the best possible pick. “There’s a difference between a home run and a grand slam,” as National Review’s David French put it.

Senate Majority Leader Mitch McConnell has expressed concern that Kavanaugh’s long track record will produce too many documents for the Senate to pore over, elongating the confirmation process and making it hard to get Kavanaugh on the court quickly. Trump himself reportedly resents Kavanaugh’s closeness to the Bush family.

That said, Kavanaugh would almost certainly fall to the right of Anthony Kennedy as a Supreme Court justice, and enable a rightward shift in the Court’s jurisprudence for years or decades to come. Even more concerning for liberals, he has suggested enhancing the president’s power to block criminal and civil actions against him, a potentially worrisome position when the president nominating him is under investigation and facing multiple lawsuits.

...


https://www.vox.com/explainers/2018/...nthony-kennedy
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Old 07-09-2018, 07:17 PM   #13
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(from Vox)


Of particular note is his dissent in the case of Seven-Sky v. Holder, a constitutional challenge to the Affordable Care Act decided by the DC Circuit in 2011. By a 2-1 margin, the DC Circuit upheld the law as legitimate under the Commerce Clause (which empowers Congress to regulate interstate commerce), but Kavanaugh dissented, not because he thought the law was unconstitutional but because he thought the court lacked jurisdiction to consider the question, under 1867’s Anti-Injunction Act. That law bars people from challenging taxes until after they’ve paid them, and because Kavanaugh viewed the individual mandate as a tax, he thought it could not be challenged until the first mandate penalties were levied in the spring of 2015.


This, naturally, infuriates conservatives considering his nomination today, because the argument that the mandate is a tax ultimately enabled John Roberts to rule it constitutional and save most of the law in 2012. Roberts denied that the Anti-Injunction Act applied, but accepted the tax argument for considering the mandate’s constitutionality.

“In Kavanaugh’s view, the mandate could fit ‘comfortably’ within Congress’ constitutional powers,” Christopher Jacobs, a prominent critic of Obamacare, writes in The Federalist. “Even as he ‘do[es] not take a position here on whether the statute as currently written is justifiable,’ Kavanaugh concludes that ‘the only potential Taxing Clause shortcoming in the current individual mandate provision appears to be relatively slight.’”

Worse still from Jacobs’s perspective, Kavanaugh even suggested language tweaks Congress could adopt that he thought would shore up the law’s constitutionality. “Conservatives might argue amongst themselves about which is worse: An unelected judge opining on how a mandate to purchase a product could meet constitutional muster, or that same unelected judge giving Congress instructions on how to ensure it will,” Jacobs concludes.

One of Kavanaugh’s former clerks, University of Louisville law professor Justin Walker, responded to Jacobs by noting that Kavanaugh also used his dissent to call the individual mandate “a law that is unprecedented on the federal level in American history,” and said a decision upholding it would be “a jarring prospect” that would “usher in a significant expansion of congressional authority with no obvious principled limit.” Walker, who clerked for Kennedy in 2011 TO 2012, argues that Kavanaugh’s dissent was used as a roadmap for Supreme Court conservatives dissenting and arguing the law was unconstitutional, rather than as a roadmap for Roberts.
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Old 07-09-2018, 07:18 PM   #14
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He's 53 years old. He sure doesn't look it.
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Old 07-09-2018, 07:19 PM   #15
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Since he's a Bushie GOPe—He's probably also a Globalist.
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