Posts Tagged ‘Federalist Society’

JUSTICE BRETT KAVANAUGH: ORIGINALIST, NOT ACTIVIST

Justices Amy Coney Barrett, Brett Kavanaugh, Thomas Hardiman, and Raymond Kethledge were the four finalists that President Trump considered for the Supreme Court (although I didn’t rule out justice Amul Thapar  or Utah Senator Mike Lee).  All four have their positive attributes and were on the list from the Federalist Society and the Heritage Foundation as “originalists”, those legal scholars that interpret the Constitution with the same meaning at the time it was written.  This is very different from “activists”, whom consider the Constitution as a living document whose interpretation changes to meet changing times.  Originalists believe that either legislation should be passed when changes are needed or the Constitution amended, not the interpretation of the Constitution changed with the times.

Democrat leadership is attempting to portray President Trump selection, Justice Brett Kavanaugh, as being anti Roe v. Wade, the Supreme Court decision that currently allows abortions.  The fact that an “originalist”was selected should actually make the Left feel better because originalists are committed to not interpreting the Constitution to mean what they want it to mean, but what the founders meant when they wrote it.  Moreover, Chief Justice John Roberts will not vote to overturn Roe v Wade, so the liberals on the Court would still have a majority on this issue even if Justice Kavanaugh is confirmed by the Senate.

I believe Hardiman, Kavanaugh and Kethledge to be the most qualified but I believe that the Court could really use a conservative female justice like Barrett.  President Trump has chosen Kavanaugh, 53, from the four finalists because of his twelve years of experience on the District of Columbia Circuit Court of Appeals, writing 300 opinions on many different issues.  In addition, his academic credentials are stellar, with a law degree from Yale and teaching at Harvard, Georgetown, and Notre Dame.  Moreover, very liberal Justice, Elena Kagan, recommended Kavanaugh to be hired by Harvard to teach law.

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