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posted by chromas on Tuesday July 10 2018, @12:34PM   Printer-friendly
from the hangerctl dept.

Judge Brett Kavanaugh named Trump's second Supreme Court justice - live updates

President Trump announced his selection of Judge Brett Kavanaugh to be his second Supreme Court justice Monday night. Speaking in the East Room of the White House, the president said that what mattered to him was "not a judge's political views, but whether they can set aside those views to do what the law and the Constitution require."

"I am pleased to say that I have found, without a doubt, such a person," he said in announcing Kavanaugh's nomination. "There is no one in America more qualified for this position and no one more deserving," the president also said. The D.C. Circuit Appeals Court judge "has impeccable credentials, unsurpassed qualifications, and aproven commitment to equal justice under the law," the president continued. He's "a judge's judge, a true thought leader among his peers. He's a brilliant jurist with a clear and effective writing style, universally regarded as one of the finest and sharpest legal minds of our time."

Kavanaugh thanked the president for the nomination, and in anticipating his coming meetings with senators on Capitol hill tomorrow, said, "I believe that an independent judiciary is the crown jewel of our constitutional republic." He promised, "If confirmed by the Senate, I will keep an open mind in every case and I will always strive to preserve the Constitution of the United States and the American rule of law."

Within a few days of Justice Anthony Kennedy's announcement that he would retire from the court this summer, Mr. Trump had narrowed the field to four: Judges Brett Kavanaugh, Amy Coney Barrett, Thomas Hardiman and Raymond Kethledge -- all young and all viewed as conservative. Ultimately, the president settled on Kavanaugh, the establishment favorite.

On the issue everyone wants to know about:

Kavanaugh has stated that he considers Roe v. Wade binding under the principle of stare decisis and would seek to uphold it, but has also ruled in favor of some restrictions for abortion.

In May 2006, Kavanaugh stated he "would follow Roe v. Wade faithfully and fully" and that the issue of the legality of abortion has already "been decided by the Supreme Court". During the hearing, he stated that a right to an abortion has been found "many times", citing Planned Parenthood v. Casey.

In October 2017, Kavanaugh joined an unsigned divided panel opinion which found that the Office of Refugee Resettlement could prevent an unaccompanied minor in its custody from obtaining an abortion. Days later, the en banc D.C. Circuit reversed that judgment, with Kavanaugh now dissenting. The D.C. Circuit's opinion was then itself vacated by the U.S. Supreme Court in Garza v. Hargan (2018).

See also:

Previously: SCOTUS's Justice Anthony Kennedy to Retire


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  • (Score: 2) by HiThere on Wednesday July 11 2018, @05:30PM (1 child)

    by HiThere (866) on Wednesday July 11 2018, @05:30PM (#705824) Journal

    They have, indeed, been getting worse for the last several decades, but I think the main driving force behind that is faster computers, larger databases, and data mining. This enables cheaper more centralized control.

    Third parties don't appear to help. Neither in the short term nor in the long term. In the history of US politics, when one party becomes moribund, the remaining party splits in half. Usually only one half gets a new name, but it's happened that both changed their names. Third parties can hang around for centuries, but they never become one of the two main parties. And there will only be two main parties as long as the voting system is "plurality wins". "Majority wins" would give third parties a real chance, which is the benefit of Instant Runoff Voting, Condorcet, etc.

    Actually, though, I'm not in favor of a system that allows the candidates to be bribed while running (or even before announcing candidacy). So I'm more in favor of a lottery where every high school graduate in in the candidate pool, subject to the offices age restriction, and where you aren't allowed to decline selection. But also with a requirement that you can't ever take money (or other rewards) from anyone except the government after selection. That means your stocks and property are confiscated when you get office, but it also means that there should be a quite generous payment package. Say twice the median income for life. Not bad for two years work (if you get selected as a US Representative). This would require power to be decentralized a bit more, as you'd get some selected who are rather incapable....but it's not like the current system always produced decent candidates. This system would select, on the average, office holders who have the goals of the average person and the intelligence of the average person. Etc. This is hardly ideal, but the current system is broken enough that I think it would be an improvement.

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  • (Score: 2) by hemocyanin on Wednesday July 11 2018, @08:04PM

    by hemocyanin (186) on Wednesday July 11 2018, @08:04PM (#705906) Journal

    It doesn't matter if the third party prevails or the corrupt party disintegrates and splinters into new groups -- the point is progress and the only way such progress is possible at certain points, is through destruction of the status quo. What comes out of those ashes is what matters way more than whether want into that conflagration remains. One thing is absolutely certain though, voting for a party that actively harms you while taking the self-entitled view that it is owed your vote, only encourages and expands such harmful behavior and can only serve to make matters worse.