Law Justice Brett Kavanaugh Megathread - Megathread for Brett Kavanaugh, US Supreme Court Justice

they're good justices, brentt

https://www.cnbc.com/2018/07/05/trump-picks-brett-kavanaugh-for-supreme-court.html

President Donald Trump has picked Brett Kavanaugh, a federal appeals court judge with extensive legal credentials and a lengthy political record, to succeed Justice Anthony M. Kennedy on the Supreme Court, NBC News reported.

Kavanaugh, 53, is an ideological conservative who is expected to push the court to the right on a number of issues including business regulation and national security. The favorite of White House Counsel Donald McGahn, Kavanaugh is also considered a safer pick than some of the more partisan choices who were on the president’s shortlist.

A graduate of Yale Law School who serves on the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh has the traditional trappings of a presidential nominee to the high court.


If confirmed, the appellate judge would become the second young, conservative jurist Trump has put on the top U.S. court during his first term. Kavanaugh's confirmation would give the president an even bigger role in shaping U.S. policy for decades to come. The potential to morph the federal judiciary led many conservatives to support Trump in 2016, and he has not disappointed so far with the confirmation of conservative Supreme Court Justice Neil Gorsuch and numerous federal judges.

At times, he has diverged from the Republican party’s ideological line on important cases that have come before him, including on the Affordable Care Act, the 2010 health care law which Kavanaugh has declined to strike down on a number of occasions in which it has come before him.

Anti-abortion groups quietly lobbied against Kavanaugh, pushing instead for another jurist on Trump’s shortlist, 7th U.S. Circuit Court of Appeals Judge Amy Coney Barrett, ABC News reported in the run-up to Trump’s announcement.

Kavanaugh received his current appointment in 2006 after five years in the George W. Bush administration, where he served in a number of roles including staff secretary to the president. He has been criticized for his attachment to Bush, as well as his involvement in a number of high-profile legal cases.

For instance, Kavanaugh led the investigation into the death of Bill Clinton’s Deputy White House Counsel Vince Foster, and assisted in Kenneth Starr’s 1998 report outlining the case for Clinton’s impeachment.

Democrats criticized Kavanaugh’s political roles during his 2006 confirmation hearing before the Senate Judiciary Committee.

“Your experience has been most notable, not so much for your blue chip credentials, but for the undeniably political nature of so many of your assignments,” Sen. Chuck Schumer, D-N.Y., said at the time.

“From the notorious Starr report, to the Florida recount, to the President’s secrecy and privilege claims, to post-9/11 legislative battles including the Victims Compensation Fund, to ideological judicial nomination fights, if there has been a partisan political fight that needed a very bright legal foot soldier in the last decade, Brett Kavanaugh was probably there,” Schumer said.

Kavanaugh's work on the Starr report has been scrutinized by Republicans who have said it could pose trouble for the president as he negotiates with special counsel Robert Mueller over the terms of a possible interview related to Mueller's Russia probe. The 1998 document found that Clinton's multiple refusals to testify to a grand jury in connection with Starr's investigation were grounds for impeachment.

In later years, Kavanaugh said that Clinton should not have had to face down an investigation during his presidency. He has said the indictment of a president would not serve the public interest.

Like Trump's first nominee to the Supreme Court, Neil Gorsuch, Kavanaugh clerked for Kennedy. If he is confirmed, it will mark the first time ever that a current or former Supreme Court justice has two former clerks become justices, according to an article by Adam Feldman, who writes a blog about the Supreme Court.

Kavanaugh teaches courses on the separation of powers, the Supreme Court, and national security at Harvard Law School and Yale Law School, and does charitable work at St. Maria’s Meals program at Catholic Charities in Washington, D.C., according to his official biography.

https://www.washingtonexaminer.com/...ett-kavanaugh-nomination-by-a-28-point-margin

After a blistering confirmation battle, Justice Brett Kavanaugh will take his seat for oral arguments on the U.S. Supreme Court with a skeptical public, a majority of which opposed his nomination. However, Democrats may not be able to exploit this fact in the upcoming elections as much as they hope, because the independent voters overwhelmingly disapprove of their own handling of the nomination by a 28-point margin, a new CNN/SSRS poll finds.

Overall, just 41 percent of those polled said they wanted to see Kavanaugh confirmed, compared to 51 percent who said they opposed his confirmation. In previous CNN polls dating back to Robert Bork in 1987, no nominee has been more deeply underwater.

What's interesting, however, is even though Democrats on the surface would seem to have public opinion on their side, just 36 percent approved of how they handled the nomination, compared to 56 percent who disapproved. (Republicans were at 55 percent disapproval and 35 percent approval). A further breakdown finds that 58 percent of independents disapproved of the way the Democrats handled the nomination — compared to 30 percent who approved. (Independents also disapproved of Republicans handling of the matter, but by a narrower 53 percent to 32 percent margin).

Many people have strong opinions on the way the Kavanaugh nomination will play out in November and who it will benefit. The conventional wisdom is that it will help Democrats in the House, where there are a number of vulnerable Republicans in suburban districts where losses among educated women could be devastating, and that it will help Republicans in the Senate, where the tossup races are in red states where Trump and Kavanaugh are more popular.

That said, it's clear that the nomination energized both sides, and that the tactics pursued by the parties turned off independent voters in a way that makes it much harder to predict how this will end up affecting election outcomes.
 
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Guys, how much popcorn is too much? I-I don't think I'll be able to last much longer, my eyes taste butter-

All jokes aside, it must be nice to be paid for not working your 9-5 (or at all) to go and ree during a governmental hearing...
More than 70 arrests were made, including the actress Piper Perabo (Whoever that is) and Linda Sarsour.
Lol, good.
 
I can't take any of these people seriously after the "we strongly oppose the nomination of extremist candidate (name here)" shit.
I couldn't take them seriously before either, but somehow they keep getting worse.
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It's only going to keep getting crazier from here, so buckle up. We've got a bumpy two months ahead of us.
 
I can't take any of these people seriously after the "we strongly oppose the nomination of extremist candidate (name here)" shit.
I couldn't take them seriously before either, but somehow they keep getting worse.
Now imagine the Insanity that will ensue once trump is no longer in office and the Dems, whipped up into this endless fury, have reign once again.
 
The funniest part about this narrative is that it was constructed before Kavanaugh ever received his nomination.

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Christ Almighty there's issues other than abortion! I swear woman activists think that abortion is the most important thing in the world and will only vote in terms of abortion. This declaration perfectly displays this.
 
I haven't payed attention much but isn't this nom a relatively bland guy who's not expected to overturn RvW or start handing out guns to everybody or anything?
On the upside, past cases show he will probably be pretty pro-2A, fairly harsh on illegal aliens, and generally doesn't allow his personal feelings to get in the way of how he interprets the text of the Constitution. On the downside he has a tendency to author narrow and specific rulings like Kennedy and will likely enable a lot of deep-state intelligence agency type action. He also seems to have indicated in articles he authored in legal journals that he believes prosecution of a sitting President cannot be handled by the DOJ and Judiciary, and that he must be impeached and removed or otherwise leave office before such legal proceedings.

The funniest part about this narrative is that it was constructed before Kavanaugh ever received his nomination.

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How amateurish do you have to be to not both highlight the sections you leave blank and have them be the same thing, so you can just find and replace all of them at once?
 
Place your bets, which will draw more salt:
1. RBG keeling over before the next election
2. Red wave
3. 2020 Trumpenreich
 
A conversation I had with someone:

"I don't want Kavanaugh, because of the Russian investigation. I have a feeling that he'll place Trump above the law."

"What has Kavanaugh said or done to make you think that?"

"That doesn't matter. Why else would Trump appoint him?"

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I fucking can't with these illogical people.
 
A conversation I had with someone:

"I don't want Kavanaugh, because of the Russian investigation. I have a feeling that he'll place Trump above the law."

"What has Kavanaugh said or done to make you think that?"

"That doesn't matter. Why else would Trump appoint him?"

giphy.gif


I fucking can't with these illogical people.
You should have walked far away from that conversation the second they mentioned the muh Russian collusion. You'll never hear anything of value from anyone that still takes a two year nothingburger seriously
 
He also seems to have indicated in articles he authored in legal journals that he believes prosecution of a sitting President cannot be handled by the DOJ and Judiciary, and that he must be impeached and removed or otherwise leave office before such legal proceedings.
A conversation I had with someone:

"I don't want Kavanaugh, because of the Russian investigation. I have a feeling that he'll place Trump above the law."

"What has Kavanaugh said or done to make you think that?"

"That doesn't matter. Why else would Trump appoint him?"

giphy.gif


I fucking can't with these illogical people.
It should be noted that Kavanaugh does not believe 100% that a sitting president cannot be indicted for crimes. Rather, he believes it would not be a good idea for him to be indicted while serving. Presidents should be allowed lots of room to act as they please, and any indictments should come after they've left office.

He thinks impeachment is a good enough solution if time is of the essence.

Kavanaugh thinks that congress should pass a law extending the statute of limitations for presidents, to make his ideal recommendation explicit.

Outside of that personal opinion, it's very questionable among most legal scholars whether presidents can be indicted in the first place. Kavanaugh has his personal opinion, and then he generally follows the existing standard advice on the subject.

https://www.washingtonpost.com/news...he-president-is-immune-from-criminal-charges/ https://archive.is/V7nMh
https://reason.com/volokh/2018/07/09/justice-kavanaugh
 
It should be noted that Kavanaugh does not believe 100% that a sitting president cannot be indicted for crimes. Rather, he believes it would not be a good idea for him to be indicted while serving. Presidents should be allowed lots of room to act as they please, and any indictments should come after they've left office.

He thinks impeachment is a good enough solution if time is of the essence.

Kavanaugh thinks that congress should pass a law extending the statute of limitations for presidents, to make his ideal recommendation explicit.

Outside of that personal opinion, it's very questionable among most legal scholars whether presidents can be indicted in the first place. Kavanaugh has his personal opinion, and then he generally follows the existing standard advice on the subject.

https://www.washingtonpost.com/news...he-president-is-immune-from-criminal-charges/ https://archive.is/V7nMh
https://reason.com/volokh/2018/07/09/justice-kavanaugh

I didn't mean to imply he would protect Trump or was out of left field on this. His opinion was hedged and fairly standard for originalists and textualists. As you said, he acknowledged it is somewhat of a grey area by urging Congress to settle it on his side
 
Christ Almighty there's issues other than abortion! I swear woman activists think that abortion is the most important thing in the world and will only vote in terms of abortion. This declaration perfectly displays this.

I still found hilarious that they actually believe the Muslim ban and the enforcement of immigration law is something so apocaliptic that they need to screech about it, unless they want to be cultural enriched like Europe
 
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