Trump announces federal appeals court judge Brett Kavanaugh as nominee for Supreme Court

Speevy

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Oct 26, 2017
13,688
Remedy what? The fact that the President can be investigated? His solution to that is for congress to make it illegal.
They're not going to do that. If they find anything that's enough to sink Trump, that will be enough to make him ineffectual and lose the election in 2020.
 

MIMIC

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Dec 18, 2017
6,296
That’s a ridiculous reading of his opinion.

A lower court can’t overrule the Supreme Court. His dissent was as hardline anti-abortion as his position allowed.
You basically just posted words with nothing to back it up. Not only did he say that Supreme Court precedent must be followed, but -- again -- he suggested that abortion was a right.

And what are you even talking about with "a lower court can't overrule the Supreme Court." Who is disputing that?
 

KSweeley

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Oct 25, 2017
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If the U.S.A. was a rational country with actual politicians that cared about the consequences of their actions, they would have looked back at the 2000 election
and seen the various messes that Dubyah managed to get us into and worked to create a new system.
I was 15 at the time and unable to vote, and even I knew the system was fucking stupid when Bush managed tow in despite having less overall votes.

Instead, we are getting screwed by the electoral college for the second time, and with worse and much more long-term consequences.
Exactly!!!!! If we had used the popular vote system to elect a President, Clinton would be in the White House right now as our President.
 

Deleted member 18568

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That’s just a link to her bio? We need to better understand methodology.

Edit: just saw the link to her thesis. Thanks.

Wondering how #conservative #Kavanaugh is? I just estimated preferences from all voting by DC Circuit judges on en banc cases. I estimate he is the fifth most conservative of the 47 judges for whom I have data.

https://twitter.com/tom_s_clark/status/1016499931517980673
Interesting, thanks for posting.

So if I’m summarizing this right: he’s ideologically conservative, has flipped positions on whether or not a a president can be impeached to what could now be in Trump’s favor, but has to some extent defended RvW and the ACA.
 

KHarvey16

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Oct 27, 2017
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He literally said congress should make a law to make it illegal to investigate the president.

Seriously, cut the bullshit.
He has no input on what laws congress makes. You're not understanding what I'm saying. His position on the Supreme Court doesn't allow him to make laws. He can think congress should make a law but that doesn't mean anything.
 

LukeOP

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Oct 27, 2017
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He has no input on what laws congress makes. You're not understanding what I'm saying. His position on the Supreme Court doesn't allow him to make laws. He can think congress should make a law but that doesn't mean anything.
His ability to make laws or not have no bearing on the fact his opinion on the matter is extremely far right and well into nazi terroritory.

Believing that the President is a defacto dictator reflects poorly on his ability to make sound and reasonable rulings as a Supreme Court justice, especially when you weigh in his solution he entertains to congress.
 

KHarvey16

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Oct 27, 2017
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His ability to make laws or not have no bearing on the fact his opinion on the matter is extremely far right and well into nazi terroritory.

Believing that the President is a defacto dictator reflects poorly on his ability to make sound and reasonable rulings as a Supreme Court justice, especially when you weigh in his solution he entertains to congress.
Ugh
 

Darth Vapor

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Oct 27, 2017
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Its amazing that he saw the light only after serving in Bush's administration. This is the guy who co-wrote and pushed for Clinton's impeachment, then when he was in Bush's administration he had a completely different legal/ethical perspective. That is some damn hot shit.
If you read his statement it’s pretty clear that he still values the impeachment process.
 
Oct 25, 2017
6,211
If you read his statement it’s pretty clear that he still values the impeachment process.
Well that is good, but it really isn't the point. POTUS should be able to be criminally charged and put on trial, it shouldn't only be about impeachment. If a sitting POTUS murders someone, I guess from his perspective are only recourse is impeachment. If so, that is pretty absurd.
 

Darth Vapor

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Well that is good, but it really isn't the point. POTUS should be able to be criminally charged and put on trial, it shouldn't only be about impeachment. If a sitting POTUS murders someone, I guess from his perspective are only recourse is impeachment. If so, that is pretty absurd.
His argument is that the impeachment should come first by way of congressional investigation. Then once removed criminal investigation can commence.

I’m not saying I agree; it’s just that this hot take that he changed stances is incorrect.
 
Oct 25, 2017
6,211
His argument is that the impeachment should come first by way of congressional investigation.

I’m not saying I agree; it’s just that this hot take that he changed stances is incorrect.
He has changed stances, he was all for independent investigation when Clinton was POTUS. When Bush was POTUS he changed and was no longer in favor of it, he has legit said his thinking on it was erroneous. He now feels they should be completely shielding from investigation, indictment, and prosecution.

That isn't a hot take, it is his own views on wide display and in his own words.

Having seen first-hand how complex and difficult that job is, I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be “one of us” who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office. This is not something I necessarily thought in the 1980s or 1990s. Like many Americans at that time, I believed that the President should be required to shoulder the same obligations that we all carry. But in retrospect, that seems a mistake.
 

Boke18

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Oct 25, 2017
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If we win this fight. This will ultimately be the reason why.


I feel this will dominate the news cycle regarding this pick. If he's just there to be a lackey and it becomes the story he doesn't think a President can't be indicted or investigated. WHILE Trump is being investigated I feel that's a good angle you can rope the media into.
 

KSweeley

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Oct 25, 2017
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Brett Kavanaugh: "No president has ever consulted more widely or talked to more people from more backgrounds to seek input for a Supreme Court nomination."

Fact check: Trump chose names off a list given to him by an interest group, then he interviewed four candidates in under 2 hours last Monday

https://twitter.com/christinawilkie/status/1016518499269783554
Dammit.... :( I'm quite sure, whatever special interest group gave Trump the list of names, it had a "strong recommendation" for Trump to choose Kavanaugh
 
Jan 18, 2018
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But we don't use the popular vote, we use something called the Electoral College which put Trump in the White House, a Presidential candidate needs 270 or more electoral college votes to become President and Trump got more electoral college votes than Clinton.
Maybe Obama should have spent less time pandering to the insurance industry and more time fixing the problem obviously highlighted in 2000.
 

KSweeley

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Host Samurai

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Oct 27, 2017
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A president that is under an investigation should not be picking the highest court positions in the country. Period.
 
Jan 18, 2018
2,625
A President can't fix this problem, the Electoral College is in the U.S. Constitution: https://www.archives.gov/federal-register/electoral-college/provisions.html
It would require a constitutional amendment to abolish the Electoral College.
Maybe you should learn what a President is Constitutionally allows to do.
He could have welcomed DC and PR as states. PR voted to become a state during his presidency. He didnt even acknowledge it.

Additionally, he had a pretty damn strong mandate in 2008. A super-majority even. A constitutional amendment was not out of the question.

Remember, Obama derangement syndrome didn't hit until 2010 with the Tea Party and his own self-inflected healthcare crisis.

He had 2 years to get shit done.

He didn't.
 

KHarvey16

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Oct 27, 2017
9,241
He could have welcomed DC and PR as states. PR voted to become a state during his presidency. He didnt even acknowledge it.

Additionally, he had a pretty damn strong mandate in 2008. A super-majority even. A constitutional amendment was not out of the question.

Remember, Obama derangement syndrome didn't hit until 2010 with the Tea Party and his own self-inflected healthcare crisis.

He had 2 years to get shit done.

He didn't.
Uh, pretty much nothing you've written here is true. Not even sure where to start.
 

KSweeley

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He could have welcomed DC and PR as states. PR voted to become a state during his presidency. He didnt even acknowledge it.

Additionally, he had a pretty damn strong mandate in 2008. A super-majority even. A constitutional amendment was not out of the question.

Remember, Obama derangement syndrome didn't hit until 2010 with the Tea Party and his own self-inflected healthcare crisis.

He had 2 years to get shit done.

He didn't.
Do you understand what a constitutional amendment entails?

It requires not just a Congressional vote, but votes from states, even without a Congressional vote, an amendment still needs votes from the states: https://www.lexisnexis.com/constitution/amendments_howitsdone.asp

How is the Constitution amended?
Article V of the Constitution prescribes how an amendment can become a part of the Constitution. While there are two ways, only one has ever been used. All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote. Then, three-fourths of the states must affirm the proposed Amendment.

The other method of passing an amendment requires a Constitutional Convention to be called by two-thirds of the legislatures of the States. That Convention can propose as many amendments as it deems necessary. Those amendments must be approved by three-fourths of the states.


The actual wording of Article V is: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
 

Deleted member 18568

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This is Kavanagh’s most recent full statement on impeachment:

http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf


Basically he argues that criminal prosecution during a sitting presidency is unnecessary, because the constitution already has plenty of mechanisms to impeach and remove an underperforming president, and prosecution is still viable after impeachment. His view is that criminal prosecutions distract from the business of running the country.

Gotta say I think that’s a dangerous view, given how congressional majorities can and have behaved en-masse to protect their party leader.

He also concludes by arguing for the introduction of one six year presidential term instead of two four year terms, as constant election cycles also divert and distract energy. That one is more interesting,
 

Baji Boxer

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Oct 27, 2017
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He could have welcomed DC and PR as states. PR voted to become a state during his presidency. He didnt even acknowledge it.

Additionally, he had a pretty damn strong mandate in 2008. A super-majority even. A constitutional amendment was not out of the question.

Remember, Obama derangement syndrome didn't hit until 2010 with the Tea Party and his own self-inflected healthcare crisis.

He had 2 years to get shit done.

He didn't.
No, that's not how any of that works.
 

FeistyBoots

Member
Oct 27, 2017
3,506
Southern California
I didn't say there was a case that decided it, but it has been DOJ precedent since the early 70s that sitting presidents cannot be indicted. Doesn't mean that a prosecutor can't try, but it means they would (Mueller included) be wary to do so at all.
That's not the same thing as a legal precedent, which is what was being discussed. This feels like you moving the goalposts.
 

Lurkyseas

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Dec 31, 2017
2,160
This is Kavanagh’s most recent full statement on impeachment:

http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf


Basically he argues that criminal prosecution during a sitting presidency is unnecessary, because the constitution already has plenty of mechanisms to impeach and remove an underperforming president, and prosecution is still viable after impeachment. His view is that criminal prosecutions distract from the business of running the country.

Gotta say I think that’s a dangerous view, given how congressional majorities can and have behaved en-masse to protect their party leader.

He also concludes by arguing for the introduction of one six year presidential term instead of two four year terms, as constant election cycles also divert and distract energy. That one is more interesting,
I won't have a problem with that.
 
Oct 30, 2017
4,190
This is Kavanagh’s most recent full statement on impeachment:

http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf


Basically he argues that criminal prosecution during a sitting presidency is unnecessary, because the constitution already has plenty of mechanisms to impeach and remove an underperforming president, and prosecution is still viable after impeachment. His view is that criminal prosecutions distract from the business of running the country.

Gotta say I think that’s a dangerous view, given how congressional majorities can and have behaved en-masse to protect their party leader.

He also concludes by arguing for the introduction of one six year presidential term instead of two four year terms, as constant election cycles also divert and distract energy. That one is more interesting,
I can see how indictment and trial when impeachment has to occur first is a case to make. Though if he argued that an investigation of any kind should not occur, that's ridiculous.
 

Deleted member 40133

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So...supreme Court judges can't be booted? I know in Canada the Governor general can boot a supreme Court justice if there's reason under the lead of the house and Senate. Also there's a mandatory retirement age
 

KSweeley

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A look at Brett Kavanaugh's opinions on guns, abortion and the environment: http://www.baltimoresun.com/news/na...-court-kavanaugh-opinions-20180709-story.html

HELLER v. DISTRICT OF COLUMBIA

In a pivotal 2011 Second Amendment case, Kavanaugh wrote a dissenting opinion when the D.C. Circuit Court upheld a District of Columbia ordinance banning most semi-automatic rifles.

Kavanaugh argued that the Second Amendment included the right to own semi-automatic rifles.

Kavanaugh wrote that the Supreme Court has found that handguns — "the vast majority of which today are semi-automatic" — are constitutionally protected.

"Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses," he wrote.

Citing his upbringing and working life in the area, Kavanaugh said he was "acutely aware" of the area's gun, drug and gang violence.

"But our task is to apply the Constitution and the precedents of the Supreme Court, regardless of whether the result is one we agree with as a matter of first principles or policy," he wrote.


GARZA v. HARGAN

In 2017, Kavanaugh was involved in a case that touched on the hot-button issues of abortion and immigration.

The dispute was over whether a teenager who was in the U.S. illegally could be released from immigration custody to obtain an abortion. After a federal judge found she could be released, Kavanaugh wrote a panel decision blocking the abortion for up to 10 more days to give the government time to find the 17-year-old an immigration sponsor. The full appeals court overturned that ruling.

In a stinging dissent, Kavanaugh blasted the majority for an approach he called "radically inconsistent with 40 years of Supreme Court precedent."

"The majority apparently thinks that the Government must allow unlawful immigrant minors to have an immediate abortion on demand," Kavanaugh wrote.

He said requiring the government to assist the girl in obtaining an abortion would ignore the government's "permissible interest in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion."


PRIESTS FOR LIFE v. HHS

In 2015, Kavanaugh wrote a dissenting opinion from the appeals court's denial of a full court rehearing of a ruling against a religious-liberty challenge to the Affordable Care Act's contraceptive coverage mandate.

The law requires most employers to provide health insurance for their employees — including all Food and Drug Administration-approved contraceptives — or pay a significant fine to the government.

To be exempt from the monetary penalty, religious organizations need to submit a form to their insurer or the federal government. The insurer is required to continue to provide contraceptive coverage to the religious groups' employees through separate funds provided by the insurer or the government.

Some religious organizations complained that submitting the form violates their religious beliefs because it made them complicit in providing coverage for contraceptives.

Kavanaugh wrote that the mandate infringed on the rights of religious organizations.

"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. So it is in this case," Kavanaugh wrote.


WHITE STALLION ENERGY CENTER LLC v. EPA

In this 2014 opinion, Kavanaugh argued that the Environmental Protection Agency must take monetary costs into consideration when deciding whether to regulate emissions from power plants.

The appeals court affirmed the emissions standard set by the EPA in 2012 for mercury and other pollutants from coal- and oil-fired electric utility steam generating units.

One of the key issues in the case was whether EPA was required to consider the costs imposed by the rule. The majority of the court agreed with the EPA that it did not have to consider the costs.

In his dissent, Kavanaugh wrote that it came as a "surprise" that the EPA did not consider costs.

"In my view, it is unreasonable for EPA to exclude considerations of costs in determining whether it is 'appropriate' to impose significant new regulations on electric utilities," Kavanaugh wrote.

"To be sure, EPA could conclude that the benefits outweigh the costs. But the problem here is that EPA did not even consider the costs."