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Trump Appoints Kavanaugh Liberals Go Nuts

Last night President Trump announced the nomination of Judge Brett Kavanaugh to fill the Supreme Court vacancy created by the retirement of Justice Anthony Kennedy.

Kavanaugh, a judge on the DC Circuit Court of Appeals and the favorite of DC’s conservative legal community, Kavanaugh nominationwas not unexpected and brings a longtime DC insider to the Supreme Court.

While Kavanaugh’s nomination does not rearrange the political chessboard in the same way that the nomination of Amy Coney Barrett would have, Judge Kavanaugh has the intellectual heft and conservative credentials to tilt the court back to faithfully applying the laws and constitution as written.

Kavanaugh is expected to face strong opposition from Democrats, who already have called him and the other court finalists too conservative. They are hoping to persuade Republican Senate moderates to vote against Kavanaugh, reports AP.

Washington’s WTOP Radio reports Kavanaugh’s professional life has been a succession of jobs that have raised his profile in legal circles. After earning undergraduate and law degrees at Yale, he was a Kennedy law clerk in the early 1990s before joining independent counsel Kenneth Starr’s team, where Kavanaugh co-wrote the report that served as the basis for President Bill Clinton’s impeachment.

Kavanaugh worked on the effort by Bush’s campaign to halt the recount of votes in Florida in the disputed presidential election between Bush and Al Gore in 2000. WTOP also reports he worked in Bush’s White House for five years, including nearly three as Bush’s staff secretary.

Conservatives who were hoping for another nominee should take note of Judge Kavanaugh’s approach to the limited role Judges have in our constitutional process and take heart.

In EME Homer City Generation, L.P. v. EPA (2012): “Congress could well decide to alter the statute to permit or require EPA’s preferred approach to the good neighbor issue. Unless and until Congress does so, we must apply and enforce the statute as it’s now written. Our decision today should not be interpreted as a comment on the wisdom or policy merits of EPA’s Transport Rule. It is not our job to set environmental policy. Our limited but important role is to independently ensure that the agency stays within the boundaries Congress has set. EPA did not do so here.”*

Likewise, in United States Telecom Association v. FCC (2017): “Here, because Congress never passed net neutrality legislation, the FCC relied on the 1934 Communications Act, as amended in 1996, as its source of authority for the net neutrality rule. But that Act does not supply clear congressional authorization for the FCC to impose common-carrier regulation on Internet service providers. Therefore, under the Supreme Court’s precedents applying the major rules doctrine, the net neutrality rule is unlawful.”*

Those concerned with the erosion of the Second Amendment can also take heart from Judge Kavanaugh’s staunch opinion in Heller v. District of Columbia (2011): “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. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.”*

What’s more, as National Review’s Justin Walker wrote, Judge Kavanaugh has been a steadfast and fearless supporter of religious liberty for decades. When he was in private practice in the 1990s, he chaired the Federalist Society’s Religious Liberty practice group and worked pro bono on cases defending religious freedom. He wrote pro bono amicus briefs defending religious believers in high-profile Supreme Court cases… He advocated for the selection of judges who protect religious liberty. And as a judge himself, his record of defending religious liberty is unparalleled. His dissenting opinion in Priests for Life v. HHS, where he concluded that the Obama administration’s contraceptive mandate violated the rights of religious organizations, was called “pure perfection” by one of the lawyers challenging the mandate.

While liberals are going nuts making Judge Brett Kavanaugh out to be a rightwing ideologue, his record tells a different story of a judge committed to applying the law and the Constitution as written. That may be a radical idea to liberals and Democrats, but it is the view that held sway in our judiciary for almost 150 years.  President Trump was looking for a young, solidly conservative and intellectually powerful judge to fill the vacancy on the Supreme Court and he found one in Judge Brett Kavanaugh.

The Senate’s Republican majority should approve Judge Kavanaugh’s appointment to the Supreme Court without delay. The toll-free Capitol Switchboard is (1-866-220-0044) we urge CHQ readers and friends to call their Senators today to urge them to support the nomination of Judge Brett Kavanaugh to the Supreme Court of the United States.

*Case summaries and quotes courtesy of the National Law Journal.

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