Justice Kavanaugh

After days of frenzied lobbying and speculation, President Donald Trump decided on federal appeals Judge Brett Kavanaugh for his second nominee to the Supreme Court, setting up a ferocious confirmation battle with Democrats as he seeks to shift the nation’s highest court further to the right.

Just now, via Fox: “a judge must be independent, must interpret the law, not make the law… ”

Law prof Glenn Reynolds;

With a narrow majority, Trump goes for a safe pick. Of course, he’ll still be Hitler. Because whoever the nominee was, he or she was going to be Hitler.

5 Things to Know About Brett Kavanaugh.

Update: Postcards from Tolerant Peaceland

40 Replies to “Justice Kavanaugh”

  1. How come they don’t say, he’s Stalin? Lenin? Mao? TC Douglas? Big Bertha Wilson? Notley? Suzuki? ….?

    It’s the brainwash power of left media in focus.

    1. Most liberals’ historical knowledge barely encompasses WWII.

      Make Stalin or Mao references, and they really have no clue what you’re complaining about.

      At least with Hitler references, Netflix might have told them something bad about him.

  2. Coulter was pulling for Kavanaugh so I’m happy. The hottie Barrett can replace the ACLU hag Notorious RBG, which hopefully will be soon.

    1. Yes, I trust Ann’s judgement, and I have learned to trust Trump’s judgement where at first glance I thought he was wrong. Putting that together, yes I am happy. I mean, I had reservations about Gorsuch, and I have been very happy so far with him.

      (Re Trump. For instance, I did not like his directive to not separate illegal alien families. But as it turned out, what he did was defuse that as an issue. It forced the Democrats to reveal their real objective, which was open border and disbanding ICE. And I think that being forced into that position was a big strategic error for them, since the overwhelming majority of Americans, of every race, are completely opposed to it.)

      1. Not to mention the kids separation thing was fake news since it’s an Obama era policy. Actually Trump’s eo is illegal.

  3. Too bad for the left this Mikey hates everything routine has bored the electorate. Projecting their collectivist intentions on individualism is all they have left. Women in alleys getting illegal abortions because Roe v. Wade is “overturned.”

    The CBC was right out of the gate with Kavanagh’s Bush ties (imho a solid move by Trump already well received btw).

    On abortion, here and there, these shrill grifters have overplayed their hand.

    An actual abortion forced on the public by the pro choice (to have an abortion) crowd might just be a bridge too far.

    They should be more careful what they wish for; their desperation at constantly losing is setting them up for another setback.

    Just watched some moron on Fox claim no leadership or senior Dems have spoken about abolishing ICE, then when given names, continued to charade and of course (the Trudeau debate gambit), launched into talking over points.

    The hilarious part is these deep state DeMarxist statist leviathan types actually think they can hijack the bottom up revolution by the coattails, hang on for a while, then take over. That is why they so hate the back of Trump’s hand.

    That’s what Trudeau did with the same unethical media all in to help, with no Fox foil. I hope they do a dump on Trump here.

    The boy blunder’s little trade gambit will be biting our collective asses soon, along with his groper issues, can the tired left smear show keep him going any more than the DeMarxsts will succeed at their southern version?

    Sorry to say, not ruling it out; but I’m just more confident now.

    1. “… this Mikey hates everything routine…”

      Ha, I love it…. because it’s true.

      Often, the left’s position seems no more thought out than being rabidly anti-whatever-conservatives-support. I swear, if Trump stood up tomorrow and said he fully supports BLM’s mission and was going to dedicate the rest of his presidency to stopping young black deaths, within 24 hrs the Dems would be calling for the killing of young blacks.

  4. Un friggin believable. The one issue that this idiot POS president is supposed to be good on and he whiffs it. Of course he does, because that’s his very essence. Kavanaugh is a disaster. He’s an advocate for ‘judicial restraint’ ie letting the government do whatever it wants.

    “In Kavanaugh’s view, the D.C. Circuit should have been guided by the Anti-Injunction Act, an 1867 law that says, “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court.” In other words, a tax cannot be challenged until it has been assessed and paid. And in Kavanaugh’s view, Obamacare’s individual mandate deserved to be counted as a tax, even though the law’s authors called it a “penalty.” “The Anti- Injunction Act precludes us from deciding this case at this time,” he wrote.”

    https://reason.com/blog/2018/07/07/scotus-shortlister-brett-kavanaugh-on-ob

      1. He should have picked Elizabeth Warren. She is an expert on the law and with her being a minority, there would’ve been the most important thing a court can have: Diversity!

    1. I heard he is a big foe of administrative law, made by federal agencies without ever being voted on by congress. The opposite of what you claim.

    2. yup Undork, the government should craft and pass laws, not the courts. Is that a little too hard for your simple scientific mind to grasp

      and the fact a proposed law is not a law, so , yup, wait till it’s passed before passing a court judgment on it!

      1. The job of the courts is to shred laws that are unconstitutional actively and without hesitation.

    3. Best endorsement for Brett Kavanaugh so far. UnMe’s agin it, you know it’s good.

    4. “Un friggin believable. ” Trump does something (anything really) and UnMedicated looses hi $hit. Who could have expected that?

    5. “He’s an advocate for ‘judicial restraint’ ie letting the government do whatever it wants.”

      He’s an adherent of the Constitution of the United States, which is what he’s actually supposed to be – your heroes think it’s passe’ – and he insists on not letting the various power centers grab and steal more power than they’re supposed to have as set out in – oh, look! – the Constitution! Damned vexatious document!

      Willett – good joke.

      “”Can’t wait till Trump rips off his face Mission Impossible-style & reveals a laughing Ruth Bader Ginsburg,” he wrote on Aug. 27, 2015.”

      “”We’ll rebuild the Death Star. It’ll be amazing, believe me. And the rebels will pay for it. —Darth Trump,” Willett posted on April 7, along with a photo of the “Stars Wars” space station.”

      How To Win Friends and Influence . . . no, not Trump.

    6. Wow yeah horrific that a judge doesn’t want to legislate and views the creation of law as something that should be done by legislators who are elected.

  5. Justice K was also an advisor to Justice Kennedy in Bush vs Gore.
    During the 1997 Clinton State of the Union address, Justice K was filmed mouthing the word “bitch” when Hillary’s face came on the screen.

    I guarantee that Hillary is two fisting vodkas tonight… Have to consider this an actual poke in Hillary’s eye from President Donald J. Trump.

    The folks that view the “scalianess” of a candidate, view Justice K as more conservative than Gorsuch, but not quite Alito or Scalia… So, a fair bit more conservative than Justice Kennedy.

    Hope that the Senate is a bit more red after this November, and then Ginsberg can kick her bucket allowing Justice Amy to take her rightful place.

  6. Haven’t yet looked in detail into the merits of the options Trump had for his pick.

    However, the fact that UnMe has his knickers in a twist makes me strongly predisposed to support the president’s choice!

    1. Regardless of whom Trump picked, UnMedicated would still fill his depends in the fit of impotent rage.

  7. The historical event of picking a BUSH guy…..kinda suggests a truce with the Republican Establishment…Brilliant
    Now if McCain can find some honor in vacating his seat. .and the House passes immigration reform.. The party of nothing, but resist & screaming Youts will go into the Mid Terms with Maxine Waters & Pocahontas…CNN or MSNBC (one will be gone)

    Love to battle with nothing …

  8. Beyond who’s picked, there is at least a recognition in the US that judges have philosophies and personal opinions.

    In Canada, the government slides them into position and we just watch from very far away.

  9. Kavanaugh’s only real flaw, and it’s a big one, is his “tax” ruling on Obamacare. Kethledge was the worst option; I would have preferred Hardiman but Kavanaugh is confirmable.

  10. Based on the bused in and paid for level of protest I would suggest that George Soros is not pleased with any of the candidates Trump had in the finals.

  11. I am sure our Canadian friends on this board are much more familiar with U.S. laws then I am of theirs. But concerning the Supreme Court, here are my personal beliefs on what the U.S. Constitution specifies.

    The power of the U.S. Supreme Court derives from Article III of the Constitution.
    Section 1 therein states The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
    Section 2 therein states The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States …

    It has no power to legislate, as ALL legislative powers are vested in Congress under Article I. And it has no power to execute the laws, as Article II states that the President shall take Care that the Laws be faithfully executed,

    Judges who adhere faithfully to the Constitution are called strict constructionists. They only give their opinions of the constitutionality of a law when a case reaches the Supreme Court. In many cases, the decision is based on a narrow interpretation, if they think that is the only thing tested in the case. Many conservatives are disappointed that decisions in their favor are not farther ranging, but that is what strict constructionists do.

    OTOH, there are activist judges who go out of their way to legislate and administer. For example, any decision that actually states which countries the president can forbid immigration, and which he cannot, to me obviously exceeds the authority of the judicial branch and is unconstitutional.

    For the above reasons, it is much more dangerous to the republic to have activist judges rampant, especially in the Supreme Court. I forgot which judge, I believe it is Kagan, who actually is of the opinion that a decision can by based on the Universal Declaration of Human Rights of the United Nations, which has nothing to do at all with the Constitution. That is absolute nonsense, and would establish a dangerous precedent. It is much, much more difficult for a conservative court to overturn previous decisions (and thereby restore fidelity to the Constitution), as that court must weigh constitutionality against precedent, and decide the former outweighs the latter. Whereas activist judges, of course, have no conscience in deciding not only constitutionality based on personal opinion, but actually define legislate actions that must be followed.

    Therefore, while it will be great if we have 6-3 majority in the Supreme Court, the process of restoration may be painfully slow. Roe v. Wade will not be overturned overnight. The legality of abortion itself hinges on the definition of the inception of life of the fetus. Since that is not explicitly defined in the Constitution, a strict constructionist may be unwilling to effectively legislate that definition. That is the job of Congress. If Congress does not act, a strict constructionist Supreme Court I believe will, rightfully and true to its convictions, not overturn Roe v. Wade. The best interpretation may be only to refer to the states’ rights for such laws. California may indeed be right that it won’t affect abortion laws of California. On the other hand, the First and Second Amendments are very clear on freedom of speech and the right to bear arms. And there are plenty of existing laws to support border enforcement. There should be no hindrance to the court to decide in the conservatives’ favor in those cases.

    Just my humble opinion, a layman’s understanding of the Constitution. It does not mean that I do not think abortion is a great evil. However, there are other evils that are also not explicitly forbidden. The Constitution makes it very clear that it defines legality, not morality. At the time of its rectification, the common belief was that the individual states will protect personal rights, and the Constitution was mostly worried about limiting federal rights to not infringe upon states rights.

    1. Old Bruin,
      But the democrats are going to Fight for abortion & in doing so put a target on their backs. The vision of ripping a beating heart from the Mother’s womb & separating that heart to be sold to the highest bidder…. has already been sold by the Marxists @ the Border…Bad move fools

      Not going to happen, the movie Deliverance has the Line “Squeal like a pig” poor Schumer will need KY before the K gets confirmed…..The Democrats will fold like a cheap Accordion and blame Republicans for bagging them…Bad move

      Kagan is a Global Marxist and her opinion is barred by precedent.. The SCOTUS has ruled that International law can not be considered by Courts in the USA… Antonin Scalia wrote the Majority Opinion and provided his reasons publicly on the Fred Friendly series. The MSM know the case well…A SCOTUS justice may be impeached for acts of treason.. What cell does she belong to?….

      JMHO

    2. OldBruin: good summary. I appreciate it and agree with it completely .

    3. I think you are on point. Supreme Courts should expect legislatures to do their job properly and only check them.

      Judicial activism, indeed acting in concert with a particular political party, is very dangerous with preposterous decisions from some Courts – like the “9th Circus,” regularly overturned by the SCoUS – are an endangerment to liberty & prosperity.

      The political leanings of a judge aren’t supposed to matter, they are there to decide on the law, not its moral or other value.

      I think it’s great when a judge doesn’t give the government of the day the scope of the decision they want. That is a healthy judiciary, along with one who turns cases back to the government because it’s within their jurisdiction, not the Court’s.

      Anyway, the DeMarxists have picked an indefensible hill to die on with their abortion schtick.

      Perhaps they can tie it in with the immigrant children, the ones torn from their mother’s womb, I mean arms.

      Imho the Courts should stay out of it and make the legislators legislate if they feel so strongly about abortion.

  12. Dick Morris called this an act of political jujitsu at its finest, because to normal voters Kavanaugh will look like a very sound choice while at the same time the Democrats are screaming at the top of their lungs that it’s the end of the world. And the stronger they oppose him the nuttier they will appear to the voters.

    Ben Shapiro thought it was a good choice and so does Kurt Schlichter, And I think they are satisfied with him because they recognize he is reasonable and has A conservative judicial philosophy that is actually very sound. If Kavanaugh changes his philosophy or grows while on the supreme court it will be towards a more conservative viewpoint because he is already pre-disposed that way. He Is a reasonable man and so will be open to reasonable arguments from the right but not open to wild arguments from the left.

    As long as all the conservative and Republican voices support him 100%, this should be a huge defeat of the craziest Democrats, and the Trump/MAGA forces will benefit and gain momentum for the next two years, in the fall elections.

  13. “a judge must be independent, must interpret the law, not make the law… ” Exactly what terrifies the Democrats.

  14. I give it 3 days. Then the Borking starts. Sexual misconduct to be claimed shortly. He wore white pants after Labor Day. Anyone to the right of Noam Chomsky will get the full treatment. Gloria Allred will arrive shortly. McCain, Flake and Collins will side with Democrats. This is an “all the marbles” event. It will be treated as such.

  15. ” funnelling over $5 billion in collected penalties to “community organizers aligned with Democrats” as part of a multi-billion dollar slush fund, the New York Post’s Paul Sperry reported in December.”

    https://www.zerohedge.com/news/2018-07-10/pop-protests-erupt-after-trump-picks-kavanaugh-supreme-court

    Another unreported outrage:

    ” Afterwards, Warren called Kavanaugh a “political animal” on MSBC’s The Last Word when asked about a legal opinion he wrote which concluded that Warren’s brainchild – the Consumer Financial Protection Bureau (CFPB), had been handed “enormous executive power” through the 2010 Dodd-Frank act.

    Created on July 21, 2011, the CFPB was accused by an anonymous consultant of funnelling over $5 billion in collected penalties to “community organizers aligned with Democrats” as part of a multi-billion dollar slush fund, the New York Post’s Paul Sperry reported in December.

    The fund was shut down in January by Trump’s budget chief Mick Mulvaney.

    Cause of Action Institute, for example, has drawn attention to a $14 million CFPB contract with GMMB Inc., a powerful media consulting shop that has produced political ads for Obama and 2016 runner-up Hillary Rodham Clinton.

    Cause of Action counsel Eric R. Bolinder cheered Mulvaney’s move to review the spending, especially the millions in educational funds.

    “Given CFPB’s history of stark, unabashed partisanship, as exhibited by Richard Cordray’s final bizarre gambit to try to seize control of the agency and put it in the hands of [deputy] Leandra English, it is great news that Acting Director Mulvaney is rooting out political bias, beginning with a comprehensive review of all spending,” he told the Washington Examiner. -Washington Examiner

  16. Strange how Democrats are so easily distracted by shinny objects that they miss the big picture….

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