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techkenyot.com July 16, 2018


How much Trump Supreme Court justice pick Brett Kavanaugh could make

12 July 2018, 05:28 | Edward Lowe

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During his introduction Monday night, Kavanaugh emphasized his belief that judges "must be independent" and "interpret the law, not make the law". Flake is one of Trump's most vocal critics, but he seems to be okay with this Supreme Court nominee. In the longer run the continuing partisan manipulation of appointments will likely undermine the very impact on lasting jurisprudence that it seeks to create.

The Supreme Court may not have time for leisurely deliberation, Dellinger said. When he is getting things right, they are particularly distraught, given the political implications, and, in his nomination of Kavanaugh, he got a lot right. An expectation of civic virtue attaches to the robe. Adjudication of constitutional law is reduced to the level of an executive order or a congressional enactment, and is as easily repealed or amended. But the Roberts Court consistently fails to do so. Will he protect women's freedom to make their own reproductive health care decisions? Trump's lawyers responded that they were confident that they would prevail in a court fight over whether a sitting president could be required to comply with a subpoena.

KING: Well what do you make of the argument that this is a state's rights issue, that this should be decided by individual states? In 1977, in Abood v Detroit Board of Education, the Court decreed that mandatory contributions to a union conferring benefits on all employees implicated no First Amendment rights because they did not "force ideological conformity or otherwise impair the free expression of ideas".

"The justices must understand that it would be a disaster for the court, as an institution, to divide 5-4 on the question whether Trump can ignore a subpoena, with two Trump appointees in the majority", he said.

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Intellectual honesty: Real courts confine themselves to legal analysis; it is the height of unprofessionalism for judges to write decisions "backwards", starting with the result.

For all his faults, conservative icon Justice Antonin Scalia a few times held his nose while following a precedent with which he personally disagreed. Precedents that boast popular support? In too much of the past, the court's judicial philosophy has been that the clear meanings of the Constitution should be reduced to vaporous, pick-and-choose ideals, that unmentioned rights could be invented, the content of laws contradicted, judicial limits exceeded and the other branches of government as much as replaced.

Ethics: We expect judges to conduct themselves according to a code of ethics. Trump's first Supreme Court nomination, Justice Neil Gorsuch, was confirmed to the Supreme Court by the Senate in April 2017.

"This, of course, is another peculiarity of the Trump presidency: blockbuster news has a way of popping out of nowhere and dominating the conversation in ways that no one expected".

MS has a 15-week ban, now being challenged in federal court.

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Disinterested adjudication: The role of courts, based on neutrality, is decidedly not to search for issues on which judges would like to offer their opinion.

The new surge of energy could help Democrats in House races, where the party's fortunes largely rest in suburban swing districts.

Murkowski is considered one of the Republican senators that Majority Leader Mitch McConnell will need to be watching closely as McConnell cannot afford a single Republican defection unless he can convince Democrats to cross the aisle and vote for the nominee. "These issues can move to the Supreme Court in a matter of weeks, as they did in the Nixon case", he said.

The second category involves regulations on abortion providers. Whatever answer the court might have provided to that issue did not require grandiose pronouncements on corporate personhood or on the equivalence of money to constitutionally protected speech. It has come to be used as something of a magic wand for judges who want to conjure up a certain result.

"Even the lesser burdens of a criminal investigation - including preparing for questioning by criminal investigators - are time-consuming and distracting", Kavanaugh wrote.

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