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U.S. Constitution
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Title: The Run-Down: Here's What You Need To Know About Trump's Top 5 Possible Nominees
Source: DailyWire
URL Source: https://www.dailywire.com/news/3241 ... w-about-trumps-top-ben-shapiro
Published: Jun 27, 2018
Author: Ben Shapiro
Post Date: 2018-06-28 08:35:40 by Tooconservative
Keywords: None
Views: 985
Comments: 14

According to Fred Barnes of The Weekly Standard, the White House has narrowed down its list of potential Supreme Court nominees to a top five: Brett Kavanaugh, 53, of the D.C. Circuit Court of Appeals; Amul Thapar, 49, of the 6th Circuit; Amy Barrett, 46, of the 7th Circuit; Thomas Hardiman, 52, of the 3rd Circuit; and Raymond Kethledge, 51, of the 6th Circuit.

Here’s what we know about them.

Brett Kavanaugh. Kavanaugh is a former clerk for Justice Kennedy. He was elevated to the federal bench in 2006, after a three-year delay. His nomination was delayed thanks to Democratic upset over the fact that Kavanaugh worked for Kenneth Starr in the office of the Solicitor General, and had the temerity to say that the Clinton administration targeted Starr. Kavanaugh has been on the court for quite a while, and has a long record — he’s authored nearly 300 decisions. He recently dissented when the circuit decided that a 17-year-old illegal immigrant detainee had a right to an abortion (he explained that the decision was “based on a constitutional principle as novel as it is wrong”), and held in 2011 that the Washington, D.C. ban on semi-automatic rifles and its gun registration requirement were unconstitutional under Heller. He also held that the Consumer Financial Protection Bureau structure was unconstitutional. Kavanaugh, like Chief Justice Roberts, is known for working across the aisle. Kavanaugh is, on the downside, a general believer in Chevron deference — the notion that administrative agencies ought to be granted deference by the judicial branch. Kavanaugh reportedly does not use textualist methods nearly as much as conservatives might wish. Worst, Kavanaugh upheld Obamacare in Sissel v. Department of Health and Human Services as well as in Seven-Sky v. Holder, in which he stated that the Obamacare penalties were actually “taxes.” Kavanaugh seems far more likely to be a second Roberts than a second Gorsuch.

Amul Thapar. Thapar is relatively new to the appellate courts. He voted to uphold Ohio’s method of lethal injection, and a Michigan government meeting’s opening with a Christian prayer. Thapar has ruled that monetary donations are a form of protected speech under the First Amendment. Because Thapar’s record is relatively thin, there’s not much to go on with regard to major hot-button issues like abortion and religious freedom. With that said, Professor Brian Fitzpatrick of Vanderbilt Law School describes Thapar as “very Scalia-like and Thomas-like.” Indeed, Thapar has criticized Richard Posner’s “pragmatism” in judicial theory because using pragmatism rather than text “would elevate judges to the position of ‘co-legislator.’” He is a textualist who has praised Scalia himself.

Amy Barrett. Barrett’s nomination to the 7th Circuit became a cause celebre when Democrats began suggesting that her Catholicism was a bar to her ability to be an objective judge. She believes that life begins at conception, and signed a letter from the Becket Fund criticizing Obamacare’s requirement that employers provide contraceptive coverage, calling it a “grave violation of religious freedom.” Barrett has written in great depth on Justice Scalia’s originalism; she’s evidenced support for textualism as well. She clerked for Scalia.

Thomas Hardiman. Leonard Leo, one of Trump’s chief advisors, has described Hardiman as “very much in the mold of Justice Scalia, well-schooled on the doctrines of originalism and textualism.” He has not spoken out himself about his judicial philosophy. He has stood against a New Jersey law that required a showing of “justifiable need” to allow carrying a handgun publicly. In another Second Amendment case, he specifically stated that the “threshold question in a Second Amendment challenge is one of scope,” adding that the inquiry “requires an inquiry into ‘text and history.’” But he also ruled that a plaintiff could sue for sex discrimination on the grounds that he was a male treated badly for being effeminate (thus broadening the class of claims under Title VII of the Civil Rights Act), and ruled to strike down a fire department’s residency requirement, which he termed racially motivated (in that case, he equated disparity with discrimination by statistical modeling, stating, “minority workforce representation that low suggests discrimination”). He also ruled in favor of an illegal immigrant seeking asylum on the grounds that he was targeted by MS-13.

Raymond Kethledge. Kethledge, like Kavanaugh, is a former Kennedy clerk. In 2016, Kethledge slammed the IRS for failing to turn over materials necessary for determining whether they discriminated against conservative groups. Kethledge tends toward textualism, as he described in his original confirmation testimony: “I would make sure that the values that I would be enforcing if I were a judge are not just my values, that I am not striking something down simply because I don't like it. That is a countermajoritarian aspect of our system of Government. I would start with the text. I would say that, sir.” As far as abortion, Kethledge was Judiciary Committee counsel for Spencer Abraham when Abraham was pushing for a federal abortion ban.

So, here’s the bottom line: the most outspokenly textualist judges on this list are Barrett and Thapar. Kavanaugh has the most red flags; Hardiman has red flags of his own. We just don’t know enough about Kethledge at this point. We will certainly need to ask probing questions about those on the list, and we’ll need to hear from groups that have spent time vetting all of the candidates. Conservatives simply can’t afford another Souter, Kennedy, O’Connor, or Roberts.


Poster Comment:

Fred Barnes' list. Ben Shapiro, a Harvard lawyer, reviews their judicial records. I've also heard that McConnell is looking for some political advantage with an Asian nominee, a first for the Court.

A nice little who's-who.

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#1. To: Tooconservative (#0)

According to Fred Barnes of The Weekly Standard,

Fred Barnes. There's a name I haven't heard in many years. Yet he was entrusted by the White House with the top 5 names for Supreme Court justice?

misterwhite  posted on  2018-06-28   10:13:48 ET  Reply   Trace   Private Reply  


#2. To: Tooconservative (#0)

3rd Circuit Court Judge Thomas Hardiman was the runner-up to Supreme Court Justice Neil Gorsuch.

misterwhite  posted on  2018-06-28   10:23:02 ET  Reply   Trace   Private Reply  


#3. To: Tooconservative (#0)

Fred Barnes' list.

DISSSS-MISSSED!!

I've also heard that McConnell is looking for some political advantage with an Asian nominee, a first for the Court.

Hasn't McConnell already done enough for China by using his wife's family (the reptilian Elaine Cho) as a mule for ChiCom gifting of his personal commercial fleet worth hundreds of millions?

McConnell is a scoundrel and rat.

Liberator  posted on  2018-06-28   11:15:51 ET  (1 image) Reply   Trace   Private Reply  


#4. To: misterwhite (#1)

Yet he was entrusted by the White House with the top 5 names for Supreme Court justice?

Barnes still thinks it's the 1980s.

Liberator  posted on  2018-06-28   11:16:31 ET  Reply   Trace   Private Reply  


#5. To: misterwhite (#2) (Edited)

3rd Circuit Court Judge Thomas Hardiman was the runner-up to Supreme Court Justice Neil Gorsuch.

Trump loves his bio as a Pennsylvania judge and working class kid who worked various jobs and drove cabs to put himself through law school. It's a great little working class bio for a judge in the midst of so many elite-background candidates.

And a little pandering to Pennsylvania working class voters would not be a bad thing politically for Trump.

Tooconservative  posted on  2018-06-28   11:20:14 ET  Reply   Trace   Private Reply  


#6. To: misterwhite (#1)

Fred Barnes. There's a name I haven't heard in many years.

Some of these crusty old newsmen hang around for decades because they have old established sources they cultivated for decades. And Barnes, despite being a co-founder of Weekly Standard, was pro-Trump from very early in his 2016 run, far more than most anyone you might name among the national media. His support for Trump was as prominent as Jeff Sessions' support of Trump early on.

And that list is no surprise to anyone who follows the courts or the Federalist Society.

Tooconservative  posted on  2018-06-28   11:25:37 ET  Reply   Trace   Private Reply  


#7. To: Tooconservative (#6) (Edited)

His [Barnes] support for Trump was as prominent as Jeff Sessions' support of Trump early on.

That may well be...

Except that Jeff Session's role was actually as a MOLE and Political Establishment "Insurance policy" booby-trap.

Liberator  posted on  2018-06-28   11:45:42 ET  Reply   Trace   Private Reply  


#8. To: Liberator (#7)

Except that Jeff Session's role was actually as a MOLE and Political Establishment "Insurance policy" booby-trap.

We still don't know exactly what kind of a mole Sessions really is.

He was a very tricky and subtle U.S. attorney. I wouldn't bet on it but we could wake up one morning with Sessions announcing major indictments of top Dems and Dem appointees or something similar.

Tooconservative  posted on  2018-06-28   11:55:38 ET  Reply   Trace   Private Reply  


#9. To: Tooconservative (#8)

We still don't know exactly what kind of a mole Sessions really is.

Uh, yeah, WE do.

He was a very tricky and subtle U.S. attorney.

Yup. That's what makes booby-traps tricky.

I wouldn't bet on it but we could wake up one morning with Sessions announcing major indictments of top Dems and Dem appointees or something similar.

TC, that ship has long passed. The benefit of doubt has been withdrawn by fair-minded people for a while now. Sessions *could* have easily smashed this coup against Trump along with its players but instead enabled it. Which makes Session's role as "The Insurance Policy" and political-establishment's Booby Trap all the more obvious.

I for one look forward to the day when Jeff Sessions is indicted.

Liberator  posted on  2018-06-28   12:13:32 ET  Reply   Trace   Private Reply  


#10. To: Liberator (#9)

I for one look forward to the day when Jeff Sessions is indicted.

How would you feel if Sessions indicted Mueller, his henchmen, Huma Abedin, John Brennan, Comey and his FBI cronies, etc.?

I can't rule it out. Sessions was a very hardnosed career prosecutor. He was never afraid to put the thumbscrews to various defendants. And he prosecuted a few very surprising cases.

Tooconservative  posted on  2018-06-28   12:24:00 ET  Reply   Trace   Private Reply  


#11. To: Tooconservative (#10) (Edited)

How would you feel if Sessions indicted Mueller, his henchmen, Huma Abedin, John Brennan, Comey and his FBI cronies, etc.?

It'd be like Christmas Day for an 8-year old kid. But Sessions' ain't Santa. He's delivered nothing but shovel-fulls of coal and s**t under the tree.

I can't rule it out. Sessions was a very hardnosed career prosecutor. He was never afraid to put the thumbscrews to various defendants. And he prosecuted a few very surprising cases.

I agree -- he *was* at one time. One of our best and most dependable "conservatives". Until the PTB "thumbscrews" were apparently applied to him when he conspicuously AND inexplicably recused himself from the Trump/"RUSSIA!" Witch Hunt ON DAY ONE when he and the DoJ *could* have taken down the entire charade pronto.

For 18 months into the coup against Trump the man allowed this insane, bogus Witch Hunt to go on unfettered into dangerous places, subverting public opinion and emboldening the Left.

IF the theory of Wishful Thinking still hopes that Sessions has merely been allowing the conspirators to do their thing, then why wouldn't Mueller, Comey, and Rosenstein have feared Sessions all along?

Answer: Sessions was completely neutralized with respect to the DoJ/Feeb Hitlery/Trump Operation. If not complicit.

Liberator  posted on  2018-06-28   12:41:45 ET  Reply   Trace   Private Reply  


#12. To: Liberator (#11) (Edited)

"Wait and see."

"In Trump we trust."

"(insert random blandishment)"

There's not much more to say. I just think it is a lot more in Sessionzzzz's character to go out with a bang than a whimper.

But I could be wrong.

We're way off-topic. This thread wasn't about Snoozy Jeff.

Tooconservative  posted on  2018-06-28   13:00:28 ET  Reply   Trace   Private Reply  


#13. To: Tooconservative (#12) (Edited)

I just think it is a lot more in Sessionzzzz's character to go out with a bang than a whimper.

Believe me -- I wish that were about to be the case.

Jeff Sessions has spent the last 17 months holed up in the virtual Cone of Silence. WHILE his DoJ has been misbehaving like an inner-city middle-school class room abusing the sub teacher, the other kids, pelting the blackboard with spitballs, erasers, and old tuna sammiches.

Is there ANYONE who saw that coming?

We're way off-topic. This thread wasn't about Snoozy Jeff.

Yeah, sorry. I guess it began with the the mention of Barnes as a supporter of Trump. Akin to Sessions.

Liberator  posted on  2018-06-28   13:26:29 ET  Reply   Trace   Private Reply  


#14. To: Liberator (#3)

McConnell is a scoundrel and rat.

Agreed!

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-06-28   23:49:14 ET  Reply   Trace   Private Reply  


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