Kavanaugh is not an originalist, vote him down so Trump makes a better pick

[kaz]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

Metadata

Kavanaugh: "The Fourth Amendment does not bar all searches and seizures. It bars only unreasonable searches and seizures."

How is metadata about our phone calls not unreasonable with no warrant? They're specifically taking information from private businesses about our phone calls. You can justify anything with that logic. Get a warrant!

Trump’s Supreme Court nominee opposes net neutrality, supports NSA bulk collection

The SCOTUS's job is to vigilantly protect our rights. These are two clear cases that he clearly didn't. Is he going to be Souter II? He may be, he's not a vigilant defender of Constitutionally protected freedom

 

[Vastator]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

Kavanaugh thinks that if one part of the legislation is Constitutional, the entire legislation is Constitutional. It's the other way around. If one part of the legislation is Unconstitutional, the legislation is Unconstitutional. If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

Metadata

"The Fourth Amendment does not bar all searches and seizures. It bars only unreasonable searches and seizures."

How is metadata about our phone calls not unreasonable with no warrant? They're specifically taking information from private businesses about our phone calls. You can justify anything with that logic. Get a warrant!

Trump’s Supreme Court nominee opposes net neutrality, supports NSA bulk collection

The SCOTUS's job is to vigilantly protect our rights. These are two clear cases that he clearly didn't. Is he going to be Souter II? May be, he's not a vigilant defender of Constitutionally protected freedom

Agreed!

 

[TNHarley]

Yep. He was a big favorite with the republican establishment.
Probably because he is far from an originalist!
Whats get me about the SC dissent he made is, the SC made it a tax. It was not a tax in its presented form. They literally trashed the Constitution when they did that.
He supported trashing the Constitution.

 

[Vastator]

He’s going to catch a lot of heat from his base over this choice. Maybe an easy sacrifice for the opposition to shoot down, so his second pick (his real desire) gets fast tracked through...? Not sure. This choice is a head scratcher...

 

[Polishprince]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

Even if Kavanaugh isn't perfect, he's a reliable vote. Maybe you can suggest someone better when Ginsberg and Breyer are drummed out and replaced?

 

[TNHarley]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

Even if Kavanaugh isn't perfect, he's a reliable vote. Maybe you can suggest someone better when Ginsberg and Breyer are drummed out and replaced?

Reliable for raping the Constitution? Apparently.
Do Americans not have any integrity any more? SMH

 

[Polishprince]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

Even if Kavanaugh isn't perfect, he's a reliable vote. Maybe you can suggest someone better when Ginsberg and Breyer are drummed out and replaced?

Reliable for raping the Constitution? Apparently.
Do Americans not have any integrity any more? SMH

Sure, Americans have integrity. But there is a lot more of a problem with the 4 member Liberal Wall that can stop any progress at the Supreme Court if there are only 8 members on court.

 

[Toro]

Nope. Bad idea.

If the Dems win in November, the next SC nominee might be made by President Biden/Harris/Jellybean/whomever in 2021.

Ideological purity is for textbooks.

 

[JakeStarkey]

Kavanaugh is mainstream establishment, which is much better than far right, libertarian, or alt right.

 

[WorldWatcher]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

No more urgent than when McConnell left the seat vacant for over a year because of who the President was.

Hell Kennedy's not even retired yet. Plenty of time.


(This from a Republican who McConnell royally pissed off with his dereliction of duty.)


>>>>

 

[Redfish]

This is a good choice. Trump will get at least one more in the next couple of years, Ginsburg could go any day, she cant even stay awake.

 

[JakeStarkey]

We have a neo-con right winger and a mainstream establishment guy.

The next one will be "who the heck knows?"

 

[Redfish]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

No more urgent than when McConnell left the seat vacant for over a year because of who the President was.

Hell Kennedy's not even retired yet. Plenty of time.


(This from a Republican who McConnell royally pissed off with his dereliction of duty.)


>>>>

McConnell prevented another far left liberal from getting on the court. It was politics as usual. Reid changed the senate rules, now the dems are having that change shoved up their asses.

 

[Pete7469]

He’s going to catch a lot of heat from his base over this choice. Maybe an easy sacrifice for the opposition to shoot down, so his second pick (his real desire) gets fast tracked through...? Not sure. This choice is a head scratcher...

Sounds like Trump is throwing the globalists a bone.

I wonder where his position on the 2nd Amendment is.

 

[Redfish]

We have a neo-con right winger and a mainstream establishment guy.

The next one will be "who the heck knows?"

elections have consequences, Jakey boy. the words of your messiah, the great obozo.

 

[kaz]

Nope. Bad idea.

If the Dems win in November, the next SC nominee might be made by President Biden/Harris/Jellybean/whomever in 2021.

Ideological purity is for textbooks.

Ideological purity? Read my op again. That's ridiculus

 

[there4eyeM]

Is more original thinking about the Constitution a bad idea?

 

[JakeStarkey]

Why, yes. We don't live in 1789.

 

[JakeStarkey]

fishy voted for a demolite demagogue.

I voted for the conservative.

 

[WorldWatcher]

McConnell prevented another far left liberal from getting on the court. It was politics as usual. Reid changed the senate rules, now the dems are having that change shoved up their asses.

Only to those that regurgitate talking points was Garland "a far left liberal". Fact is prior to the nomination he was a jurist praised by Republicans. Obama called their bluff.

I have no problem with the change in the rules. Constitution calls for the consent of the Senate, it does not call for a super-consent of the Senate, that means a majority vote - not a super majority vote.

.>>>>