Trump’s SCOTUS Pick

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.

Category: SCOTUS