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

[Tom Horn]

The Constitution itself doesn't spell out everything the Founders believed. That's why the Supremes often rely on letters and papers from the old boys to figure out what they meant and intended. In an age where we walk around with tiny computers in our pockets that can retrieve any kind of information we want and we can send a dune buggy racing around on MARS, it's often a deep dive to figure out what the Founders would have said about the modern world....that's the Supremes' job and why we must be very careful who we choose to do it.

 

[C_Clayton_Jones]

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

An "originalist" certainly won't protect our rights, the right to privacy, the right to equal protection of the law, and the right to due process of the law in particular.

 

[C_Clayton_Jones]

Is more original thinking about the Constitution a bad idea?

The Constitution exists solely in the context of its case law.

"Originalism" is a bad faith contrivance by conservatives hostile to that case law, and an attempt to justify opposing settled, accepted Constitutional jurisprudence.

 

[gipper]

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

If he is as you say, there is no question but that he will be approved. The Senate for the most part, loves jurists who look out for the ruling class rather than the people.

 

[gipper]

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

An "originalist" certainly won't protect our rights, the right to privacy, the right to equal protection of the law, and the right to due process of the law in particular.

Why?

 

[g5000]

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

As usual, you are talking total nonsense. No one ever argued that the payments to health insurance companies are taxes. Only the mandate. And the mandate is a tax.

The Right is incredibly hypocritical for whining about the mandate tax. After all, pseudocons have insisted hundreds of times on this forum a person who does not buy a house should pay more taxes than someone who did, or someone who did not buy an energy-efficient refrigerator should be punished with higher taxes than someone who did.

So it was no leap at all to make someone who does not buy health insurance pay more taxes than those who do.

 

[g5000]

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.

So fuck the Constitution, right? Fuck elections and the will of the people, right? The ends justifies the means, eh?

1) Garland was not far left.

2) The people chose the President who would in turn select judges to fill vacancies. McConnell deliberately violated this Constitutional mandate, and you make me sick for being okay with that. By your own argument, the Democrats should do the same thing and do everything they can to prevent this President from nominating who they decide is a "far right conservative".

 

[g5000]

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

I have thought about Kennedy's timing and the fact he has not officially retired.

Why did he announce his retirement BEFORE the critical mid terms which could result in a Democratic Congress, and therefore ensure Trump and the GOP won't be able to be stopped?

Will he decide not to retire if Trump nominates a whackjob, and wait until a Democratic Congress can act as a throttle?

 

[g5000]

Metadata

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

I am with Thurgood Marshall on this issue.

He nailed it in Smith v. Maryland.

Unfortunately, he was in the minority.

 

[g5000]

Smith v Maryland

 

[C_Clayton_Jones]

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

Originalists have been consistently hostile toward Fourth Amendment rights, in support of government authority to conduct searches absent a warrant (see, for example, Minnesota v. Carter (1998)).

 

[Edgetho]

This is very frustrating about Republicans. You make the perfect the enemy of the good.

No wonder we lose so often to the scum of the Earth dimocrap FILTH.

Trump is a sly old Fox. He knew dimocrap SCUM would protest anybody he nominated up to and including King Solomon himself.

This way, he can show dimocrap FILTH for what they are........ Obstructionist radical FILTH.

So next time, when he nominates a fire-breathing, fire and brimstone Originalist, he can get him/her through without a big fight.

I like the pick.

 

[Polishprince]

Why did he announce his retirement BEFORE the critical mid terms which could result in a Democratic Congress, and therefore ensure Trump and the GOP won't be able to be stopped?

The chance of the Democrat Party seizing the Senate this year is pretty slim.

But why would Kennedy wait until after the election, because if the Democrats were to win, and he leaves office, the seat will be vacant until the GOP regains the majority? Is that really responsible?

Or do you think that the Dems (in the majority) are going to confirm Trump's choices for the SCOTUS?

 

[Dschrute3]

I'm hearing he worked for Bush at one point. That's not good news. We already have one Bush waffler on the Court. You can't trust Roberts. Hopefully he won't turn out to be another distrustful Bush lackey.

 

[g5000]

Why did he announce his retirement BEFORE the critical mid terms which could result in a Democratic Congress, and therefore ensure Trump and the GOP won't be able to be stopped?

The chance of the Democrat Party seizing the Senate this year is pretty slim.

But why would Kennedy wait until after the election, because if the Democrats were to win, and he leaves office, the seat will be vacant until the GOP regains the majority? Is that really responsible?

Or do you think that the Dems (in the majority) are going to confirm Trump's choices for the SCOTUS?

I think it is possible Kennedy is playing both ends against the middle.

If Trump nominates someone he can live with, then Kennedy retires on schedule and his replacement is seated.

If Trump nominates someone he can't live with, Kennedy rescinds his retirement and throws everything to chance and the Democrats taking the Senate.

You say the chances of the Democrats "seizing" (I see what you did there) the Senate are slim. Well, that whole dynamic would change if Kennedy rescinded his retirement. Then Democrats would turn out in droves to flip the Senate to stop a pro-life judge from getting seated.

 

[g5000]

I'm hearing he worked for Bush at one point. That's not good news. We already have one Bush waffler on the Court. You can't trust Roberts. Hopefully he won't turn out to be another distrustful Bush lackey.

Kavanaugh also worked with Ken Starr to impeach Clinton.

 

[g5000]

Kavanaugh has been around a long time. There are scads and scads and scads of decisions and articles and reports written by him just laying around for the propagandists to selectively copy and paste from to confirm the biases of their rubes.

I expect the parrots on this forum will be regurgitating no end of manufactured bullshit for the next few weeks. It will be beyond their intellectual capacity to do anything else.

I would suggest reading Kavanaugh's decisions, articles, etc. for yourselves, but I know how hilarious that idea is around here.

 

[Marion Morrison]

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.

No, that would only have happened if a real conservative had been nominated. Kavanaugh smells like swamp muck, he'll glide through appointment before November.

 

[g5000]

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

Originalists have been consistently hostile toward Fourth Amendment rights, in support of government authority to conduct searches absent a warrant (see, for example, Minnesota v. Carter (1998)).

That is a very weird decision. How can it be determined that you have a reasonable expectation of privacy in a phone booth (Katz v United States) but not in someone's apartment (Minnesota v. Carter)?

I don't get it.

 

[Polishprince]

I think it is possible Kennedy is playing both ends against the middle.

If Trump nominates someone he can live with, then Kennedy retires on schedule and his replacement is seated.

If Trump nominates someone he can't live with, Kennedy rescinds his retirement and throws everything to chance and the Democrats taking the Senate..

Trump made his nomination, and Kennedy hasn't rescinded anything.

So either Kennedy is pleased with Kavanaugh or your theory is all wet.

BTW, if Kavanaugh isn't confirmed and the Dems seize the Senate, will they confirm Trump's picks next year- not just for the Kennedy replacement but for Breyer and Ruth Buzzy Ginsberg?