Kavanaugh

Judge Brett Kavanaugh at the White House, July 9, 2018. (Associated Press)

If one were to create an ideal résumé for the position of Supreme Court justice, it would not look terribly different from Brett Michael Kavanaugh’s curriculum vitae. President Trump’s nominee to replace Justice Anthony Kennedy is more than qualified for the job. The 53-year-old Yale Law School graduate has spent more than a decade on the U.S. Court of Appeals. He held top posts in President George W. Bush’s administration and is a former law clerk to retiring Justice Kennedy. He has taught at Harvard, Yale, and Georgetown law schools.

Kavanaugh has written more than 300 opinions and sent 41 of his own law clerks to fill positions at the high court. “There is no one in America more qualified for this position,” said President Trump as he introduced the judge and his family to a packed East Room at the White House.

Speaking after Trump’s introduction, Kavanaugh said, “My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written, informed by history and tradition and precedent. For the past 11 years, I’ve taught hundreds of students, primarily at Harvard Law School. I teach that the Constitution’s separation of powers protects individual liberty, and I remain grateful to the dean who hired me, Justice Elena Kagan.”

Indeed, Kavanaugh’s qualifications are impeccable — unfortunately, that won’t stop him from being lambasted by opposition on the left concerned about his conservative values.

Virginia’s two Democratic senators have issued statements expressing their concerns. Both Tim Kaine and Mark Warner say they are worried about whether Kavanaugh will respect prior Supreme Court rulings that have upheld the Affordable Care Act, women’s reproductive freedom, and civil rights issues.

Kavanaugh began meeting with Senate members yesterday. Monday night, he said that he would tell each senator “that I revere the Constitution. I believe that an independent judiciary is the crown jewel of our constitutional republic. If confirmed by the Senate, I will keep an open mind in every case, and I will always strive to preserve the Constitution of the United States and the American rule of law.”

Brett Kavanaugh is a good and decent man who promises to uphold the rule of law rather than attempting to legislate from the bench. We applaud the president’s choice.

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(32) comments

DAVID ODELL

Kavanaugh writes: “I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office." “We should not burden a sitting President with civil suits, criminal investigations, or criminal prosecutions.” Furthermore, Kavanaugh opined that the “indictment and trial of a sitting President” would “cripple the federal government.” Oh, so OK. Trump has picked someone to save his butt from criminal prosecution. No surprise here.

Further, I can't wait for Senators Durbin and Schumer to go after Kavanaugh after Kavanaugh lied to them during his Circuit Court confirmation hearings over 10 years ago. It took two years to get Kavanaugh, a person who had never brought forth a motion or even tried a case in federal court, confirmed. I'm sure Kavanaugh will be a "good and decent choice" as Trump's puppet.

AUGUST KELLER

yep Durbin and Schumer are brilliant legal tacticians. Let's hope then can come up with more than bull-d's from NARAL mocking his frat boy sounding name. I'm sure the new Supreme Court justice can handle these unaccomplished bureaucrats who lie for a living (funded by taxpayer).

DAVID ODELL

AP: Blah blah blah...Durbin and Schumer are still here so you can whine all you want.

AUGUST KELLER

You are the one whining/crying about new justice. Still here? Lol, yes despite their long, long record of no results and no accomplishments libedals in IL and NY will continue to vote for them and they will continue to leech off taxpayer. Sad.

DAVID ODELL

And they both will continue to get your panties in a wad..lol!

AUGUST KELLER

Unlike you I don't wear panites and avoid the wad. Kavanugh spends hours feeding the homeless; liberal bureaucrats like Dickie and Shuck create homeless in debt ridden, defunct states

jim peace

You do realize he wrote that at the beginning of Obama's first term when the rancor was directed at Obama?

DAVID ODELL

Jim, no I do not realize that because it is not true. President Obama had nothing to do with it.

TOM EATON

Context matters Dave... Kavanaugh was delivering a mea culpa RE the (rhymes with seaman) stained dress. And I tend to agree - though he lied under oath, I don't believe that his dalliance with Monica was worthy of a special prosecutor... or an impeachable offense.
Get your popcorn ready, Schumer / Durbin and their peeps will make fools of themselves - again. It's what they do. And they will not lay a glove on Trump's nominee. Though not for lack of trying (and crying). But hopefully your #resistance talking points give you some comfort in the days to come. I assure you they will be trying...

DAVID ODELL

Tom Eaton: Yes, context does matter. Trump is scared because he knows what is coming (no pun intended). Just how will Durbin and Schumer make fools of themselves when they are questioning a lying fool? They will expose to the whole world how Kavanaugh lied during his previous two year joke of a confirmation. Yeh, Kavanaugh will fit in perfectly with this lying joke of an administration. When are you moving to Russia, Tom?

TOM EATON

Move to Russia - just when Le Grande Orange is making the US great again?
Nyet a chance...

DAVID ODELL

Yep Tom, your Le Grande Orange is only making Russia great again.

E Marshall BUCKLES

David, I think that you re probably as much aware as I am that if Hillary had gotten in as President she likely would have selected candidates for Judge and Justice who would have gone along with her views and, if need be, would have been likely to have protected her if need be. And I have to wonder exactly what Hillary would need to be protected from. If she should run again and win, in 2020, you can surely expect that the Republicans will be after her and calling for all sorts of investigations and watching her like hawks. And who knows what might be finally found out about her. As for Senators Durbin and Schumer, if they find that Kavanaugh did lie, 10 years ago, and they and their staffs let it get by then that is on them. If it is true, they should have found out about it 10 years ago and somebody else might have been considered at this time. But, they confirmed him and he became a US Circuit Judge. This after having been a law clerk for two US Circuit Judges and a law clerk to a US Justice plus having served in other positions which gave him much experience in and insights into the top levels of government. And at least his academic records have never been sealed unlike those of Obama (hmmm, wonder why that was done?).

DAVID ODELL

You are just silly E Marshall Buckles. The rightwing nut infatuation with Hillary is too funny. Further, your defense of a "law clerk" is hilarious...a law clerk? The lie of Kavanaugh was exposed after Bush left office. The lie was Kavanaugh saying he had nothing to do with the Bush administration policy discussions regarding detainees at Guantonomo. After Kavanaugh was confirmed it was disclosed that he was indeed in a White House meeting regarding that very subject. There is no "if" he lied...he did lie. Obama's academic records? Who cares? What point are you trying to make about a man who was the President of the Harvard Law Review? Me thinks you should stop reading and listening to rightwing nut bulloney. Regarding Hillary, rightwing nuts have been hawking her for decades and they have nothing...nothing...nothing. Too funny!

Mark Chariton

All selectees can be described as “good and decent” --so what? And the fact that he has written over 300 opinions—another--so what? It is a meaningless fact. People do not get on the Supreme Court based on numerical decisions. That “Kavanaugh’s qualifications are impeccable” is another--so what? At that level they all are impeccably qualified. Interesting fact: Did you know there are no US Supreme Court justice qualifications (no upper or lower age limit, no education requirements, they do not have to be a lawyer or even an American citizen).
Supporting a nomination comes down to what are their beliefs concerning business, personal freedom, and government regulations versus your beliefs? Do you believe the nominee will support your beliefs?
In my case I can not support the nomination. All of Trump’s “short list” people were selected by the Federalist Society organization, an ultra-conservative organization. The current nominee, Mr. Kavanaugh, has written and rendered a multitude of judgements that follow the Federalist Society’s beliefs. That organization does not hold the same social and personal values that I do. Mr. Kavanaugh does not hold the same social and personal values that I do.

STEVEN PRICE

Mark Charlton - The fact that Kavanaugh has written more than 300 opinions means that anyone who wants to find out how which way and how far he would lean if confirmed can look at a substantial track record to see which way and how far he has leaned up to now.

Trump isn't going to nominate anyone who isn't a conservative, so the real question will be whether he's the least objectionable of the possible nominees. None are going to make liberals celebrate.

Melissa Peters

Good and decent men don't get appointed by the likes of Trump.

Steve Corneliussen

It's not that simple. Yes, Mr. Trump is a gangster demagogue who betrays the country concerning the Russian tyrant and who smashes every decency principle that *actual* conservatives still cherish as foundational. None of that changes the fact that this nominee is a good and decent man.

GEORGE SNEAD

Steve Corneliussen, I agree that this nominee is a good and decent man. As was Merrick Garland. In fact, both were/are highly qualified for the job. It's really too bad - in fact it will be to the enduring shame of Mitch McConnell and the Republican party that they denied consideration of a worthy nominee while President Obama still had 9 months left in his term of office, for purely partisan political reasons - and to exact one giant, final obstruction of President Obama. But, two wrongs don't make a right. And, elections do have consequences. On the other hand, what's the hurry here? Ideally, a complement of 9 justices in place before October would be preferable, but we'll get by with 8 for a while, and one more month, allowing for the results of the November mid-term elections will not unduly tax the Court. After the Senate completes it's constitutional obligations, Trump deserves to have his nominee confirmed. However, I would hope that the Senate, and the Democratic leadership in particular, will extract a commitment from Kavanaugh during his confirmation hearings, that he will recuse himself from any matter before the Court involving the question of whether or not a sitting president can be indicted, or which challenges the authority of the FBI, DOJ, or special prosecutor Mueller to demand the testimony of Donald J Trump. If such a commitment can be assured, I would advise that Democrats save their powder for another day. If not, it would be my expectation that Dems fight like hel_ to block the nomination. Any other course of action will tear the Democratic party asunder.

Steve Powell

And they are almost non existent in the Democratic Party.

AUGUST KELLER

Sure they do - two Supreme court justices thus far. And a slew of good/decent men and women in cabinet and other positions.

TRACY PETERS

Melissa Peters ……. If Obama had appointed the man, the opinion of bad and indecent people like yourself would be the appointee is a tremendous and wonderful liberal man who would insure more good and decent women the right to kill their unborn babies for any reason they “choose”.

Who knows … maybe one day another selfish woman like (Roe) will challenge the court that their 2,3, or 4-year-old son or daughter who has down syndrome, autism or that parenthood was not what they hoped it would be, with tear in eye, convince the Wise Men that the child would be better off discarded for far more reason than they would have been before they were allowed to be born. Only 1% of the 57,762,169 children killed under the watchful eyes since of an abortionist was due to the health of the mother ……… Hey, the liberal mind is still EVOLVING.

I find it interesting that the law of the land to protect Norma McCorvey’s identity from the media called her “Roe” and the baby’s only protection was Wade, or the long name was WADE, DISTRICT ATTORNEY OF DALLAS COUNTY ….. who along with baby no one had concern for, also lost. Duh …. and period.

http://www.numberofabortions.com/

RJ STRAFFORD

So now you're calling a commenter bad and indecent? How low can you go?

STEVEN PRICE

RJ Stafford - Tracy gets called much worse than "bad and indecent" on these pages nearly every day. I'm surprised that you haven'y noticed it.

TRACY PETERS

RJ ….. as low as I might ever stoop, it will always pale in comparison to you and others who say “Good and decent men don't get appointed by the likes of Trump” and others who might say, “Mr. Trump is a gangster demagogue who betrays the country concerning the Russian tyrant and who smashes every decency principle that *actual* conservatives still cherish as foundational”.

RJ ….. I suggest you check yourself for source of the smell you don’t like before you sniff and attack others. Checkmate …. and period.

Melissa Peters

Let me know when you've miraculously grown a uterus and the Wizard of Oz has given you a brain.

DAVID ODELL

Tracy Uterus Face Peters: It is settled law. Checkmate and Period.

Melissa Peters

Let me clarify. Trump wouldn't know good and decent if it bit him. Kavanaugh was chosen by Anthony Kennedy and the Federalist Society and the Heritage Foundation. Trump picked him for two reasons: he and his family fit Trump's preconceived "central casting" image and because Kavanaugh's thoughts on not criminally investigating a sitting President or forcing a President to testify under subpoena made Trump say "Bingo! I want this guy!".

Steve Corneliussen

Thanks. I get it now.

Melissa Peters

You're welcome.

TOM EATON

You forgot another reason Melissa - he chose him because AK decided that this was THE time to retire. Why do you suppose he did that? He could have waited until after the November elections (Blue Crush anyone?), but he didn't.
I can't help but wonder why...

GEORGE SNEAD

Melissa, your analysis is succinct and accurate. Kavanaugh must be nailed down on the issues of presidential immunity from questioning via grand jury or federal law enforcement agencies and from indictment while in office. If he is willing to answer truthfully that he still takes these positions, I would respect him for his candor and carefully weigh that testimony in my decision to confirm. However, If he refused to answer these questions that would be an automatic disqualifier.

Welcome to the discussion.

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