Timothy Benton | Nov 11, 2018 | 0
SCOTUS Vacancy, Judge Kavanaugh Is Selected; Left Goes Into A Meltdown!
Last night we saw President Trump put forward his SCOTUS pick, federal appeals court Judge Brett Kavanaugh. The pick was not surprising, but the left is not happy, for his refilling Supreme Court Justice Kennedy now empty seat would change the complexity of the court to a much more conservative-leaning court.
Justice Kennedy, who was placed in office as Reagan’s appointee, has shown in many cases he has flipped from the conservative to liberal-leaning in his rulings, it was he who sided with the liberals in many cases.
Kennedy and Sandra Day O’Connor were swinging votes in many 5–4 and 6–3 decisions on the Rehnquist and Roberts courts. On issues of religion, he holds to a less separationist reading of the Establishment Clause than did O’Connor, favoring a “Coercion Test” that he detailed in County of Allegheny v. ACLU. He also provided an opinion in Town of Greece v. Galloway case, concluding, “The town of Greece does not violate the First Amendment’s Establishment Clause by opening its meetings with sectarian prayer that comports with America’s tradition and doesn’t coerce participation by nonadherents.”
Kennedy has supported adding substance to the “liberty” interest protected by the Due Process Clause of the Fourteenth Amendment, which means he supports a constitutional right to abortion in principle, though he has voted to uphold several restrictions on that right, including laws to prohibit partial-birth abortions. He is “tough on crime” and opposes creating constitutional restrictions on the police, especially in Fourth Amendment cases involving searches for illegal drugs, although there are some exceptions, such as his concurrence in Ferguson v. City of Charleston. He also takes an expansive view of constitutional protection for speech under the First Amendment, invalidating a congressional law prohibiting “virtual” child pornography in the 2002 decision, Ashcroft v. ACLU.
One could argue that Kennedy was more in line with libertarian thinking, as George Will and Georgetown University Law Center professor Randy Barnett has stated, although there are disagreements with this.
Replacing him with Judge Brett Kavanaugh would put the court with another justice more in line with the rulings by Justice Thomas and Justice Gorsuch, which would place them more in the strict interpretation of the intention of the constitution. It would replace a justice that was more center-left on his rulings to one that was far more to a strict constitutionalist.
Due to the age of Gorsuch and now Kavanaugh, if Kavanaugh is confirmed (51 and 53) would mean that these two would be sitting on the bench for a very long period, this to the left is entirely unacceptable, but with the GOP in control of both houses they should be able to pass these votes through.
There are some problems with this. First, the never Trump crowd, we have seen representatives like Jeff Flake, John McCain, and others whom more out of spite then doing their jobs would try to hold this up, d0ing so if for no other reason then just to oppose Trump. Thankfully, both are gone after this term, and good riddance, both have far outlived their usefulness in serving the public, both are now more interested in vendettas then doing what is best.
To counter this will be some Democrats that are in more conservative districts that voted overwhelmingly for Trump, know if they vote against Trump on this one, they will most likely cut off any chance they have in winning reelection. These will have to weigh if they should give in to pressure by Schumer and Pelosi or vote in a way that is in tune with what their constituents wish.
We have also heard outcries that Trump should not be able to demand a vote on a Supreme Court candidate, but this is just more obstruction from the left. We saw this for years with the Biden Rule; this was put in place by Senator Biden while in office as a reason to stop a selection of a Justice during the lame duck last year of a presidents term in 1992 and President George Bush’s selection of a Justice in the last year of his term:
Naturally, when this came up during the Obama administration Biden claimed he never said any such thing, nor was there any rule to prohibit this, the problem is he is on record doing exactly that, seems Democrats have a terrible problem with selective memory.
Now you hear the Democrats saying that no votes should be asked for during an election, in other words, they are demanding that elections for a SCOTUS vacancy should only be allowed on odd years, that is just nonsense, seems they forget that Obama appointed and had voted on Justice Keagan during a mid-term election.
I think this appointment will go through, you will hear howls of indignation from the left, if Justice Beyer (80), Justice Ginsburg (85), either retire or vacate the bench for health reasons or due to death, we could see the first president since Reagan have 4 appointees to the Supreme court, and if he appoints one more he will join the ranks of Eisenhower, as having tied for the most vacancies filled since FDR and his 9 justices.
With two of the Democratic justices over 80 now, any vacancy could very well change the court for the next 25 to 30 years, of all Trump has done, this could very well be the most important in regards to preserving this republic. With many rulings now decided by one vote, with one more conservative judge, we would see the preservation of decisions if one of the conservative justices surprise us and votes in line with the left.