This ain't Hell, but you can see it from here

Category: SCOTUS

  • The Weeping, The Wailing, The Gnashing of Teeth….

    They just won’t give up, will they? The Democrats in Congress want to put Judge Brett Kavanaugh under a microscope to find out what’s wrong with him.

    What’s wrong with him is that a) he worked in the White House for a Republican president (Bush, Jr.) and b) he’s nominated by a Republican president.

    “WASHINGTON — Judge Brett Kavanaugh’s elevation to the Supreme Court could have unknown and problematic implications for national security, according to a key Senate Democrat requesting more records from the nominee’s past.”

    Note the use of” could, unknown, problematic”. These words are specifically used as monkey wrenches to make the hearings on Judge Kavanaugh less likely to occur in this lifetime.

    Sen. Jack Reed, “D-R.I., and ranking member on the Senate Armed Services Committee, on Thursday requested chamber Republicans and the administration grant access to all files regarding “Kavanaugh’s (past) service in the White House that address national security and the scope of presidential authority on national security matters.”

    Kavanaugh worked in the White House Counsel’s Office under President George W. Bush from 2001 to 2003, including during the aftermath of the Sept. 11, 2001, terrorist attacks.

    Reed said senators need to understand his involvement in a host of issues — including policies on the detention of enemy combatants and domestic surveillance programs — before taking a vote on his nomination.” – Article

    The link at ‘Bush’ relates to detainees at Gitmo in 2015.

    https://www.militarytimes.com/news/pentagon-congress/2018/08/23/key-democrat-worries-trumps-supreme-court-nominee-poses-national-security-concerns/

    The “committee” has thus far received over 258,000 pages of documentation about Judge Kavanaugh. If they are so very worried about his qualifications and his views of how to treat people who would rather burn Americans alive than give them a fair hearing, why didn’t they bring this up before?

    Have they finished reading those ++quarter million pages of documents? That’s longer than “War and Peace” ( a mere 1,225 pages) and I doubt that any of those Committee Democrats have ever waded through Tolstoy’s novel to at least page 25, never mind read it. I would find it necessary to ask how much of it they have read, in fact, so that I could assess their dedication to a cause.

    But not to worry, GOPers are on it:

    “Republican leaders have labeled it nothing more than a stalling tactic. Sen. John Cornyn, R-Texas, noted earlier this week that more than 258,000 pages of documents have been made available already.

    “The reason why we’re talking about the great paper chase is because, I think, our Democratic colleagues have found out all of their other attempts to undermine or to criticize this nominee have fallen flat,” he said. “And so now it’s just a question how much paper is going to be produced.” – Article

    In addition, Democrats are now throwing up Manafort’s recent conviction, because (whimper) they simply want to delay the hearings, because (excuses) “… the Supreme Court could be pulled into legal proceedings against the president .”

    Well, why didn’t they think of that before? And what legal proceedings? (Gasp!) Are you talking ‘impeachment’, Mr. Reed? You know, when you’re trying to hide what you’re doing, it’s best to not hint at it even a little bit. Now there’s no surprise left, and dTrump already knows what you’re up to, anyway.  And how come two of you wusses wouldn’t vote to impeach Bill Clinton? Did he have you guys by the short hairs back then?

    GOPers are rebutting this as a delaying tactic.  Of course it is. The Democrats have essentially zip, zero, nada, rien, nichego. You have to feel a little sorry for them. The way they grasp at straws is just sad.

    And the beat goes on….

     

     

  • Trump’s SCOTUS Pick

    SCOTUS

    Previously I posted about President Trump’s short list of SCOTUS candidates, a brief bio and a list of education and experiences for each. All were excellent candidates; any of the three is fully qualified and able to assume the duties as a Supreme Court justice. But what breaks out the nominee? I’d say a record of his/her decisions and written opinions are the benchmark upon which a nominee gets the nod.

    Here’s a brief bio, and a list of Kavanaugh’s standout findings.

    A native of the Washington, D.C. area, Judge Kavanaugh attended Yale University, graduating cum laude from its college and then earning a degree from its law school while serving as notes editor of the Yale Law Journal. Judge Kavanaugh then clerked at both the Third and Ninth Circuits, served as a fellow with the solicitor general of the United States, Kenneth Starr, and clerked for Supreme Court Justice Anthony Kennedy.

    Judge Kavanaugh returned to work for Ken Starr, playing key roles in the Independent Counsel’s investigation of President Bill Clinton before joining a prominent D.C. law firm. He then served in a variety of senior roles for President George W. Bush, who then nominated him to the D.C. Circuit Court where he has served since 2006. A committed textualist and originalist, Judge Kavanaugh has described his deep belief in “a neutral, impartial judiciary that decides cases based on settled principles without regard to policy preferences or political allegiances….”

    In his 12 years as a judge, Kavanaugh has issued approximately 300 opinions and delivered numerous speeches and legal arguments. Among them is his dissenting opinion on a pivotal gun ban in 2001.

    Second Amendment
    In Heller v. District of Columbia, the D.C. Circuit Court upheld the District’s ordinance banning most semi-automatic rifles. But in that case, Kavanaugh wrote the dissenting opinion, arguing the Supreme Court had already decided handguns – “the vast majority of which today are semi-automatic” – are constitutionally protected under the Second Amendment.

    Abortion
    Although he has not expressed outright opposition to abortion, liberals have already warned of the end of Roe v. Wade, the landmark Supreme Court decision that legalized abortion, should Kavanaugh be confirmed.

    Kavanaugh did, however, issue a dissent in a 2017 case involving an illegal immigrant who wished to be released from custody in order to obtain an abortion. While the court eventually allowed her to have the procedure, Kavanaugh said the majority opinion was “radically inconsistent with 40 years of Supreme Court precedent.”

    He argued if the government helped the 17-year-old obtain an abortion, then it ignores its “permissible interest in favoring fetal life, protecting the best interests of a minor and refraining from facilitating abortion.”

    Obama Care
    Kavanaugh’s role in an ObamaCare decision had some conservatives on edge prior to his official nomination. Kavanaugh ultimately dissented in Seven-Sky v. Holder, a challenge to the Affordable Care Act.

    However, in his dissent, Kavanaugh did acknowledge the Affordable Care Act’s “individual mandate provision” could fit “comfortably within Congress’ Taxing Clause power.” Conservative health care expert Christopher Jacobs argued Kavanaugh “cultivated a theory” that paved the way for Chief Justice John Roberts to uphold the individual mandate requiring people to purchase health insurance in 2012.

    Religious Rights
    In 2015, Kavanaugh sided with organizations that argued ObamaCare’s contraceptive coverage mandate infringed upon their religious rights.

    “When the Government forces someone to take an action contrary to his or her sincere religious belief (here, submitting the form) or else suffer a financial penalty (which here is huge), the Government has substantially burdened the individual’s exercise of religion,” Kavanaugh wrote in the dissenting opinion in Priests for Life v. HHS.

    Clinton Impeachment
    Kavanaugh worked with Kenneth Starr in the 1990s, co-writing the independent counsel’s report laying out the legal framework supporting then-President Bill Clinton’s impeachment. He said Clinton should be impeached because he misled the public and lied to his staff, according to The New York Times.

    But in 2009, citing his role with the investigation into Clinton, Kavanaugh expressed his opinion that presidents should not have to deal with criminal investigations or civil lawsuits while in office.

    Writing for the Minnesota Law Review, Kavanaugh said, “I think we grossly underestimate how difficult the job [of U.S. president] is.” Because of that, he said he believes “[it’s] vital that the President be able to focus on his never-ending tasks with as few distractions as possible.”

    In over 300 findings, Kavanaugh has displayed a staunch support of the Constitution as it was originally written, curtailed government overreach, and applied the law and not opinion. No wonder the Dems are howling.

  • Then There Were Three

    3 for SCOTUS

    Numerous sites (Fox News Politico and USA Today) are reporting President Trump has winnowed the field of potential Supreme Court judges down to three candidates. Conventional wisdom doesn’t bat 1000, but I’ll work with what I have. Who are these people, and what are their backgrounds? I did some digging- here’s what I found. Sorry for the length, but I did edit out much that wasn’t really relevant.

    Brett Kavanaugh (born February 12, 1965)

    After graduating from Georgetown Prep, Kavanaugh attended Yale University and graduated with a B.A. cum laude in 1987. He then attended the Yale Law School, and graduated with a J.D. in 1990. At Yale Law, he served as Notes Editor of the Yale Law Journal.

    Kavanaugh clerked for Supreme Court Justice Anthony Kennedy, as well as Judge Alex Kozinski of the Ninth Circuit and Judge Walter Stapleton of the Third Circuit. Prior to his Supreme Court clerkship, Kavanaugh earned a one-year fellowship in the Office of the Solicitor General of the United States, Kenneth Starr, during which he worked on the Whitewater investigation.

    Kavanaugh was later a partner at the law firm of Kirkland & Ellis, where his practice focused on appellate matters. Kavanaugh also served as an Associate Counsel in the Office of Independent Counsel, where he handled a number of the novel constitutional and legal issues presented during that investigation and was a principal author of the Starr Report to Congress on the Monica Lewinsky-Bill Clinton and Vincent Foster investigation.

    President George W. Bush first nominated Kavanaugh to the D.C. Circuit on July 25, 2003, to a vacancy created by Judge Laurence H. Silberman, who took senior status in November 2000. Kavanaugh’s nomination was stalled in the Senate for nearly three years. Democratic Senators accused him of being too partisan, with Senator Dick Durbin calling him the “Forrest Gump of Republican politics.” The Senate Judiciary Committee recommended confirmation on a 10–8 party-line vote on May 11, 2006, and Kavanaugh was thereafter confirmed by the U.S. Senate on May 26, 2006 by a vote of 57–36. On June 1, 2006, he was sworn in by Justice Anthony Kennedy, for whom he had previously clerked, during a special Rose Garden ceremony at the White House.

    Raymond Kethledge (born December 11, 1966)

    Kethledge graduated from Birmingham Groves High School in the Birmingham Public School District. He attended the University of Michigan, graduating in 1989 with a Bachelor of Arts degree in history. He then attended the University of Michigan Law School, graduating magna cum laude (and second in his class) with a Juris Doctor in 1993.

    After graduating, Kethledge clerked for Sixth Circuit Judge Ralph B. Guy Jr. in 1994 in Ann Arbor, Michigan. After finishing his clerkship, he served as judiciary counsel to Michigan Senator Spencer Abraham from 1995 to 1997. Following that, Kethledge clerked for United States Supreme Court Justice Anthony Kennedy in 1997.

    After completing his Supreme Court clerkship, Kethledge returned to Michigan in 1998 to join the law firm of Honigman, Miller, Schwartz & Cohn, where he became a partner. In 2001, he joined Ford Motor Company as in-house counsel in the company’s Detroit headquarters. He later joined Feeney, Kellett, Wienner & Bush as a partner. In 2003, Kethledge co-founded a boutique litigation firm, now known as Bush, Seyferth & Paige, with its office in Troy, Michigan. In addition to his duties as a federal judge, Kethledge teaches a course at the University of Michigan Law School called “Fundamentals of Appellate Practice,” which focuses on the elements of good legal writing.

    Kethledge was first nominated to the Sixth Circuit by President George W. Bush on June 28, 2006, to replace Judge James L. Ryan. From November 2001 to March 2006, Henry Saad had been nominated to the seat, but he had been filibustered by the Senate Democrats and later withdrew. Kethledge’s nomination lapsed when the 109th Congress adjourned in December 2006. Bush again nominated Kethledge on March 19, 2007. However, his nomination stalled for over a year due to opposition from Michigan’s two Democratic Senators, Carl Levin and Debbie Stabenow.

    On June 24, 2008, he was confirmed by voice vote, almost exactly two years after his original nomination. He received his commission on July 7, 2008. Kethledge was the eighth judge nominated to the Sixth Circuit by Bush and confirmed by the United States Senate.

    Commentators have noted that Kethledge has “broadly criticized judicial deference and specifically criticized deference to federal agencies under Chevron” and “has set himself apart as a dedicated defender of the Constitution’s structural protections.”

    Amy Coney Barrett (born January 28, 1972)

    Barrett graduated from St. Mary’s Dominican High School in New Orleans in 1990. In 1994, Barrett graduated magna cum laude with a Bachelor of Arts in English literature from Rhodes College, where she was a Phi Beta Kappa member. In 1997, she graduated from the Notre Dame Law School with a Juris Doctor, where she was executive editor of the Notre Dame Law Review.

    After graduation, Barrett served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit. She then spent a year as clerk to Associate Justice Antonin Scalia of the Supreme Court of the United States from 1998–99. From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.

    In 2002, she began teaching at the Notre Dame Law School, where she was named a Professor of Law in 2010, and, from 2014–17, held the Diane and M.O. Miller Research Chair of Law. Barrett continues to teach as a sitting judge.

    She is a member of the conservative Federalist Society.

    On May 8, 2017, President Donald Trump nominated Barrett to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015. A hearing on her nomination before the Senate Judiciary Committee was held on September 6, 2017.

    During Barrett’s hearing, U.S. Senator Dianne Feinstein questioned Barrett about whether her Catholic faith would influence her decision-making on the court. Feinstein, concerned about whether Barrett would uphold Roe v. Wade given her Catholic beliefs, stated “the dogma lives loudly within you, and that is a concern.” The subject of Feinstein and other Democrats’ concern was a 1998 article by Barrett where she argued that Catholic judges should in some cases recuse themselves from death penalty cases because of their moral objections to the death penalty. During her hearing, Barrett said: “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”

    On October 5, 2017, the Senate Judiciary Committee voted on a party-line basis of 11–9 to recommend Barrett and report her nomination to the full Senate. On October 30, 2017 the Senate invoked cloture by a vote of 54–42. The Senate confirmed her with a vote of 55–43 on October 31, 2017. She received her commission on November 2, 2017.

    Three eminently qualified candidates for a seat on the Supreme Court; glad I’m not the one who must choose. Even though the finalist has yet to be named, the Dems are already throwing stones. This fight will be beyond ugly; I can’t see how the Dems could possibly succeed, other than look like spoiled, screaming children who can’t have their way.

    (Ex, listed by DOB, nothing else. Having spent a tour behind the podium, I do prefer those with teaching in their resume)