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Tuesday, July 17, 2018

Kavanaugh’s Soft Spot For Police Abuses

Reprinted with permission from Creators.

 

The history of liberty in America features an endless battle over the rights of individuals versus the powers of police. The Constitution was written with the intent of protecting citizens and controlling cops. But that’s not quite in keeping with the preferences of Brett Kavanaugh.

Donald Trump’s Supreme Court nominee made his views clear in a lecture paying tribute to the late Chief Justice William Rehnquist, delivered last year. What Rehnquist saw as one of his biggest achievements, Kavanaugh noted, was freeing law enforcement from the annoying restrictions placed on it in the 1960s and ’70s.…

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Kavanaugh And The Myth Of Strict Construction

Reprinted with permission from Creators.

 

When Donald Trump announced his nominee for the Supreme Court on Monday, he said he wanted someone who could set aside his political views “to do what the law and the Constitution require.” Brett Kavanaugh followed by saying a judge “must interpret the law, not make the law.”

It’s a classic conservative approach. You read the law and the Constitution, and then you follow them to the letter. Call it strict construction, judicial restraint or originalism. It’s as easy as following the directions on a Duncan Hines cake mix.

Except it’s not. Even the most carefully drafted laws — unlike, say, the 2017 tax reform bill, which was 500 pages long and passed in haste — have provisions that are complicated, imprecise or untested.…

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Will These Two Senators Save America From Kavanaugh?

Reprinted with permission from AlterNet.

 

With President Donald Trump having nominated Judge Brett Kavanaugh to take over Justice Anthony Kennedy’s position on the U.S. Supreme Court, it is now up to the U.S. Senate to hold confirmation hearings before appointing him. And critics of Kavanaugh—a severe social conservative and far-right “strict constructionist” along the lines of Justice Clarence Thomas, Trump appointee Neil Gorsuch and the late Antonin Scalia—are hoping that if all Senate Democrats oppose him and are joined by Republicans Susan Collins and Lisa Murkowski in a “no” vote, Kavanaugh can be kept off the High Court. But don’t count on it.…

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