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

[Redfish]

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...

If the Repubs try and stop it then enough Dems will vote for him that he will still be in.

He is a judge that does not rule based on his political ideology, which is why the he is hated so much by the wing nuts

you obviously are referring to wing nuts like Schumer, Pelosi, Harris, Durbin, and the legal wizard known as Whoopi

 

[JakeStarkey]

Learn logic, fishy, please, at least the principles.

SCOTUS is empowered to make decisions on the law that are binding.

You and I, in our personal lives, do not have that power.

 

[Harpy Eagle]

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...

If the Repubs try and stop it then enough Dems will vote for him that he will still be in.

He is a judge that does not rule based on his political ideology, which is why the he is hated so much by the wing nuts

you obviously are referring to wing nuts like Schumer, Pelosi, Harris, Durbin, and the legal wizard known as Whoopi

Those wing nuts will oppose him just because Trump picked him. The wing nuts on the right will oppose him because he does not rule based on his political ideology.

That is why there are threads like this one and all the bashing of the man by the right wing nuts in the other threads on the topic.

I applaud Trump for picking someone that is not a far right wing nut.

 

[Harpy Eagle]

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

no we don't, but the words of the constitution apply today just as they did in 1789, those original words, coupled with over 200 years of precedents is how the SC should decide issues brought to it. Not on political whims, or "cultural changes" but the exact wording of the original document and precedents.

If you are arguing for case law and statute, sure.

I think that's what I said. But Ginsburg recently said that the constitution and law are merely guidelines that don't have to be followed to the letter. That kind of thinking will destroy this nation. But she wont be around much longer so its an academic discussion.

Confirmation of Kavanaugh is very likely.

So Ginsburg said that. You disagree. That's your right. You merely believe such thinking will destroy the nation, but you can't prove it.

Kavanaugh may get better than 65 votes.

Sil makes a weak "yabut whattabout" argument. It is what it is.

If the constitution is subject to "interpretation" then why not all laws? speeding for instance "but officer, I think the speed limit on this road is incorrect, so the court must dismiss my ticket"

You are free to make that argument in court, let us know how it goes.

 

[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.

So do decisions. The problems you have, is elections didn't stop happening when Trump got elected, and over the last year and a half, the left has been winning those elections, and in some very red areas they shouldn't be.

Then there is the problem of a fast changing population that is happening in the number of millions, and is in no danger of slowing down over the next 30 years until people that look like Kavanaugh are in the minority in this country.

At which time when the Congress, state legislatures, governors, and the Presidency are the ultimate check on the judiciary, and it's irrelevant who is on the court.

The consequences for the liberals are temporary. The consequences for conservatives will be permanent in just a few more years.

The problems for Trump will become permanent sooner than that.

you are in fantasyland. the country is moving right, liberalism has failed. The people see it. Yes, the demographics are changing, but many of those new americans are conservative hard working religious people.

 

[Harpy Eagle]

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.

So do decisions. The problems you have, is elections didn't stop happening when Trump got elected, and over the last year and a half, the left has been winning those elections, and in some very red areas they shouldn't be.

Then there is the problem of a fast changing population that is happening in the number of millions, and is in no danger of slowing down over the next 30 years until people that look like Kavanaugh are in the minority in this country.

At which time when the Congress, state legislatures, governors, and the Presidency are the ultimate check on the judiciary, and it's irrelevant who is on the court.

The consequences for the liberals are temporary. The consequences for conservatives will be permanent in just a few more years.

The problems for Trump will become permanent sooner than that.

you are in fantasyland. the country is moving right, liberalism has failed. The people see it. Yes, the demographics are changing, but many of those new americans are conservative hard working religious people.

You must live in a alternate reality. The "right" in this country is where the left was 20 years ago, so the country is still moving left even with all your faux-conservatives out there, or perhaps because of them.

 

[JakeStarkey]

The demographics have been voting steadily for the dems since last fall with very little exception, some of them in very red states.

 

[Silhouette]

Learn logic, fishy, please, at least the principles.

SCOTUS is empowered to make decisions on the law that are binding.

You and I, in our personal lives, do not have that power.

But they are not allowed to create striking new law out of thin air by purposefully misconstruing the Constitution and blatant violation of separation of powers. That is a subversive coup. It's what killed Justice Scalia.

 

[JakeStarkey]

Learn logic, fishy, please, at least the principles.

SCOTUS is empowered to make decisions on the law that are binding.

You and I, in our personal lives, do not have that power.

But they are not allowed to create striking new law out of thin air by purposefully misconstruing the Constitution and blatant violation of separation of powers. That is a subversive coup. It's what killed Justice Scalia.

You sound normal then strike out into la la land, striding vigorously toward the John Birch cliff.

Email SCOTUS right now and tell them why they are wrong.

No one killed Scalia, there is no subversive coup.

 

[Silhouette]

You must live in a alternate reality. The "right" in this country is where the left was 20 years ago, so the country is still moving left even with all your faux-conservatives out there, or perhaps because of them.

True. Once the fringe left organized & seized control of the media, a couple of generations have been brainwashed to believe that basic morality is "bad".

But I have a feeling the pendulum will swing back, seeking a balance as it always does when the tension of the pivot point becomes undeniable.

 

[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...

If the Repubs try and stop it then enough Dems will vote for him that he will still be in.

He is a judge that does not rule based on his political ideology, which is why the he is hated so much by the wing nuts

There is nothing “wing” about being a constitutional originalitist. That is what a USSJ should be.

 

[skews13]

Learn logic, fishy, please, at least the principles.

SCOTUS is empowered to make decisions on the law that are binding.

You and I, in our personal lives, do not have that power.

But they are not allowed to create striking new law out of thin air by purposefully misconstruing the Constitution and blatant violation of separation of powers. That is a subversive coup. It's what killed Justice Scalia.

You sound normal then strike out into la la land, striding vigorously toward the John Birch cliff.

Email SCOTUS right now and tell them why they are wrong.

No one killed Scalia, there is no subversive coup.

Fortunately for the country going forward, clowns like him are going extinct.

Trump chose Kavanaugh for one reason, and one reason only. A firewall to protect him from the inevitable prosecution for his crimes.

The magamites are going to have to face reality sooner rather than later. Trump, members of his cabinet that already are, and probably at least one of his children, are going face felony prosecution in federal or state courts, and likely both.

 

[Harpy Eagle]

You must live in a alternate reality. The "right" in this country is where the left was 20 years ago, so the country is still moving left even with all your faux-conservatives out there, or perhaps because of them.

True. Once the fringe left organized & seized control of the media, a couple of generations have been brainwashed to believe that basic morality is "bad".

But I have a feeling the pendulum will swing back, seeking a balance as it always does when the tension of the pivot point becomes undeniable.

No, there will be no swing back, especially not in the way you are hoping. Now that we have generations that have not been brainwashed by bronze age religious text, homophobes like you will eventually die out.

And the country will continue to move left politically (just for clarification, being anti-gay is not a political issue, it is a character one) as the central government takes more and more control over the economy and healthcare.

 

[Silhouette]

There is nothing “wing” about being a constitutional originalitist. That is what a USSJ should be.

Notice how the fringe left fears a strict interpretation of the Constitution? I wonder if there's a more recent case they fear might come under review that used judicial legislation to rewrite the Constitution?

 

[Harpy Eagle]

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...

If the Repubs try and stop it then enough Dems will vote for him that he will still be in.

He is a judge that does not rule based on his political ideology, which is why the he is hated so much by the wing nuts

There is nothing “wing” about being a constitutional originalitist. That is what a USSJ should be.

Actually, constitutional originalitist is a "wing" term that has no real meaning as there is no such thing.

 

[Avatar4321]

Ok Jake likes him, I clearly see red flags here

 

[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...

If the Repubs try and stop it then enough Dems will vote for him that he will still be in.

He is a judge that does not rule based on his political ideology, which is why the he is hated so much by the wing nuts

There is nothing “wing” about being a constitutional originalitist. That is what a USSJ should be.

Actually, constitutional originalitist is a "wing" term that has no real meaning as there is no such thing.

Actually you’re wrong. Starting with the original sitting bench of the USSC. They put judges in place to read, and study new legislation; and make sure it conformed to the document they had just established as the law of the land. That remains their duty to this day.

 

[JWBooth]

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

Agreed, he is a Bushie, enamored of executive power

 

[Tom Horn]

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.

Wrong. He and Roberts both correctly saw the legislation within the intention of the Constitution to call the individual mandate a power to tax....like dozens of other decisions that became case law.....didn't mean he agreed with it. There will come a time after Trump is gone that that kind of thinking will spare us another Obamaesque assault on our liberties.....Kavanaugh calls them like he sees them, either way and that's what an Originalist does.

 

[whitehall]

The metadata seems to confirm that Kavanaugh is an originalist and an independent thinker unmotivated by petty emotion. He should be a slam dunk and then we can go on to checking Ms. Ruth's pulse every day.