MEET MR. KAVANAUGH

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For conservatives, the job description of a Supreme Court justice is excruciatingly simple. Aside from educational and professional credentials, there is but one criterion: apply the Constitution.

That’s it. No added capacity for empathy required, despite Sonia Sotomayor’s touting of her Hispanic heritage as something that gives her an advantage in understanding the plight of the little guy, as if that matters one iota to constitutional adherence. There isn’t even a genitalia scan involved, despite Fake News CNN’s damning indictment of the U.S. for its pitiful history of nominating only a few women to the court over the years — a concern I have a sneaking suspicion wouldn’t exist had Amy Barrett been chosen for the seat. 

Rather, conservatives have but one simple request for prospective jurists on the highest (or any) court in the land: apply the damn law. It seems such a simple request, reading comprehension being the only real tool required. But history has shown it to be anything but, as Leftists have attempted to hijack the judiciary as a means of going around the People, who they have a notoriously difficult time convincing to agree with them where it’s supposed to matter: the ballot box. 

Last night, we took another step away from the activist courts that have plagued our country for the last several decades and especially since the emergence of one Barry Soetoro, whose own distinction as a “constitutional scholar” never provided much of an obstacle to his near complete dismissal of the document he swore an oath to uphold and defend.

Make no mistake about it, whether Brett Kavanaugh was your guy or not, he’s a marked improvement from the trends we’ve been experiencing, and someone who will at least refer to the Constitution when ruling on a case. There is a lot floating around about our new SCOTUS nominee; some good, some bad and some downright loony.

Let’s cut through all the garbage and find out the real deal about the guy who could tilt the balance of the court for decades to come.

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QUICK PERSONAL HISTORY:

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Kavanaugh has served on the D.C. Circuit Court of Appeals since 2006, three years after George Dubya Bush nominated him to the post. At 53, Kavanaugh could reasonably expect to serve on the Supreme Court well into the middle of the century — no doubt an attractive prospect to PDT, who intentionally targeted young candidates for the posting.

A native of the Swamp (Washington, D.C.), Kavanaugh attended Yale for both his undergraduate and law degrees, graduating law school cum laude in 1990. He then clerked for appellate judges Walter Stapleton and Alex Kozinski before clerking for Justice Kennedy – the very seat he would take if confirmed (cue the leftist conspiracy theories).

He is active in his community. He serves as a lector and usher at Blessed Sacrament Church in Washington. He also coached the fourth- through sixth-grade girls basketball teams at Blessed Sacrament, as well as a Montgomery County Recreation girls basketball team and the Classics AAU second grade girls basketball team for both of his daughters.

 He’s the quintessential family man and pillar of the community. He has a reputation for feeding the homeless in his spare time. It really doesn’t get much better than Judge Kavanaugh from a personal standpoint. He checks all the boxes. 

That is, until he became OMG SATAN. 

In the mid-1990s, Kavanaugh joined Kenneth Starr’s independent counsel team investigating Slick Willy Clinton and ultimately helped write the Starr Report to Congress. The report outlined in broad detail grounds on which to impeach Slick Willy for turning Monica Lewinsky into a humidor.

Just kidding, it was for perjury.

After a stint in private practice, Kavanaugh then joined the Dubya White House (cue the right-wing conspiracy theories) as an associate counsel and then as an assistant to the president.

In 2006 – after a grueling three-year confirmation process – Kavanaugh was confirmed to the D.C. Circuit Court of Appeals.

“From the notorious Starr report, to the Florida recount, to the president’s secrecy and privilege claims to post-9/11 legislative battles including the Victims Compensation Fund, to ideological judicial nomination fights, if there has been a partisan political fight that needed a very bright legal foot soldier in the last decade, Brett Kavanaugh was probably there,” Cryin’ Chuck Schumer said during Kavanaugh’s 2006 confirmation hearing.

There is no doubt that Dims will portray Kavanaugh as a political operative due to his work under Starr. It’s already started in the form of a book written back in 2002 in which Kavanaugh is mentioned as calling Hillary Clinton a “b*tch” under his breath as her picture flashed across a TV screen.

I don’t know about you, but this guy is growing on me.

All in all, Kavanaugh has a great deal of legal experience, which is a double-edged sword. On one hand, no one can call into question his qualifications for the job. On the other, it provides a mountain of past work for Schumer and the gang to scrutinize. It won’t matter, as he’ll definitely be confirmed, but the road there is likely to be arduous and exceedingly annoying. 

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ON THE ISSUES:

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Now that you know the basics of the man, let’s get to what actually matters: the issues. It’s true that a person’s politics should have no bearing on their confirmation as a judge, but it’s also true that a judge must be conservative in order to perform the duties of the job faithfully.

The “conservation” part of conservatism deals with the Constitution. Limited government. Power to the People. That’s what conservatives are supposed to be, you know, conserving. 

Thus, anyone so-called conservative who says that they don’t care whether a judge is conservative is either ignorant of the term, trying to impress their liberal friends, or both.  

So let’s break down the most important issues that will be at play during Kavanaugh’s tenure.

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ABORTION:

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If you’re expecting to Kavanaugh to be the nail in Roe v Wade’s coffin, you may be very disappointed. 

He hasn’t expressed outright opposition to abortion. In 2006, Cryin’ Chuck pressed Kavanaugh on his personal opinion on Roe, but he declined to answer, saying, “I don’t think it would be appropriate for me to give a personal view on that case.” The exchange took place during a hearing to consider Kavanaugh’s nomination to serve on the DC circuit.

Readers shouldn’t look too far into that statement, however, because prospective justices never give opinions on specific cases during the confirmation process. His next comments were far more telling.

What Kavanaugh did say is that if he became a judge on the circuit court, he would uphold Supreme Court precedent with respect to Roe. “If confirmed to the DC Circuit, I would follow Roe v. Wade faithfully and fully. That would be binding precedent of the court. It has been decided by the Supreme Court.”
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Because he was a swing-vote in favor of abortion “rights”, Kennedy’s departure from the court has coochie cappers all over the country freaking the hell out that Roe v Wade will be overturned. Even PDT himself has said that he wants a SCOTUS judge who will send the question back to the States to decide. Well, if past statements are any indication, he won’t get that judge in Brett Kavanaugh. From the look of things, he has no intention of rocking the boat with that issue. Hopefully, it’s not due to cowardice. I can accept an honest change of outlook so long as it’s principled. If he’s merely acquiescing to the mob, that’s bad news for the future.

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It’s not all bad about abortion, though:

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One of Kavanaugh’s opinions likely to draw scrutiny is his dissent from a ruling of the DC Circuit last October that an illegal alien teen in detention was entitled to seek an abortion.
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In his dissent, Kavanaugh wrote the Supreme Court has held that “the government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion.” He wrote that the high court has “held that the government may further those interests so long as it does not impose an undue burden on a woman seeking an abortion.” He said the majority opinion was “based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in US government detention to obtain immediate abortion on demand.” He added, however, that “all parties to this case recognize Roe v. Wade and Planned Parenthood v. Casey as precedents we must follow.”
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BOTTOM LINE: Here is the big picture of Kavanaugh with abortion. Is he going to go out of his way to overturn it? No. But he’s not going to be expanding it, either, and definitely not for illegal immigrants.
The most likely outcome is he (and other conservative justices) rule on smaller cases that narrow abortion “rights” within our country. The Left have taken advantage of legal terminology by declaring everything to be an undue burden on women seeking abortions, including the “right” to make you pay for it. Kavanaugh won’t be doing anything crazy like that.
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But all in all, we’re essentially looking at the status quo.
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RELIGIOUS LIBERTY: 

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Kavanaugh’s most consequential opinion in this arena deals with the case of the so-called BarryCare contraceptive mandate, Priests for Life v. HHS. 
In a dissent, he expressed sympathy for the religious challengers. Making reference to the Supreme Court’s ruling in Burwell v. Hobby Lobby, he wrote that “the regulations substantially burden the religious organizations’ exercise of religion because the regulations require the organizations to take an action contrary to their sincere religious beliefs.”
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Sounding good, Brett, sounding good.

But then there was this.

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In a line that has attracted criticism from many conservatives, including Complyin’ Ted Cruz, Kavanaugh also wrote in his dissent that Supreme Court precedent “strongly suggests that the government has a compelling interest in facilitating access to contraception for the employees of these religious organizations.”
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Well fine, Brett, then tell the government to provide it, if you truly believe that the need for Uncle Sam to hand out condoms is so “compelling.” But they don’t have a right to force Christians to buy contraceptives for their employees, no matter how damn “compelling” you find their need.
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The issue is, he essentially found that the contraceptive mandate was

He did rule in favor of religious liberty, though, so maybe folks like Complyin’ Ted are being unduly harsh in their critiques. But I do understand the concern. My God, we’ve been burned by so many so-called conservatives who get to the SCOTUS and then decide that the approval of the liberal cocktail party circuit is more important than sticking to principle.

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Statements such as the “compelling interest” one made by Kavanaugh in that ruling make conservatives very, very nervous, and one can hardly blame us. We’ve heard that type of rhetoric before and we know where it leads.
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FIGHTING THE SWAMP:

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You may be thinking, “How is the establishment pick for POTUS who has worked in there Swamp his whole life going to do anything to bring it down?” Well, a look at this record provides lots of hope. 

 

In his time on the DC Circuit, Kavanaugh established a reputation as a skeptic of regulatory action supported by the Environmental Protection Agency (EPA) under the Barry administration.
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In 2012, he argued in a dissenting opinion that the EPA “exceeded its statutory authority” in a case challenging the agency over the regulation of greenhouse gases. In a separate 2014 opinion, Kavanaugh was again critical of the EPA, writing, “In my view, it is unreasonable for EPA to exclude consideration of costs in determining whether it is ‘appropriate’ to impose significant new regulations on electric utilities.”
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In a decision suggesting broad skepticism of agency power, Kavanaugh dissented when the DC Circuit upheld the Consumer Financial Protection Bureau, run by a single director, earlier this year, writing, “The independent agencies collectively constitute, in effect, a headless fourth branch of the US Government. They hold enormous power over the economic and social life of the United States. Because of their massive power and the absence of Presidential supervision and direction, independent agencies pose a significant threat to individual liberty and to the constitutional system of separation of powers and checks and balances. To mitigate the risk to individual liberty, the independent agencies historically have been headed by multiple commissioners or board members.”
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What he’s describing there is the very essence of the swamp; unaccountable bureaucrats holding far too much power over the lives of everyday Americans. 
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For those of you who don’t know, the “Consumer Protection Financial Bureau” was an agency started by Obama as a fundraiser for the Dim party. They targeted and fined businesses selectively and used the money for political purposes. It’s the one Mick Mulvaney now runs and is in the process of (hopefully) destroying.

People really have no clue just how corrupt Obama was (and is). 

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SECOND AMENDMENT:

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This is probably his brightest spot.
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In 2011, Kavanaugh dissented from a majority opinion of the DC Circuit that upheld a ban that applied to semiautomatic rifles in DC.
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In his dissent, he wrote that the Supreme Court had previously “held that handguns — the vast majority of which today are semi-automatic — are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens.”
Citing a previous high court ruling, Kavanaugh went on to say, “It follows from Heller‘s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that DC’s ban on them is unconstitutional.”
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The statement on semi-automatic rifles being constitutionally protected has the Left in one hell of a tizzy, with everyone from lawmakers to your low-level sky-screamers declaring that OMG HE’S GOING TO HAND OUT MACHINE GUNS TO TODDLERS. 
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Kavanaugh’s record with the Second Amendment is impeccable. Nothing to worry about in that regard. 
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THE DIM PLAN OF ATTACK:

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Today, Cryin’ Chuck and the gang made it abundantly clear which conspiracy theory they would be rolling out in order to attack Kavanaugh during confirmation: He’s the president’s personal Supreme Court protector!
In a 2009 Minnesota Law Review article, Kavanaugh wrote that “Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.” In the same article, however, he noted, “If the President does something dastardly, the impeachment process is available.”
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I’m gonna type this out slowly for our leftist friends in the hopes that it penetrates their rather formidable skulls. You see, the Constitution prescribes a process for dealing with corrupt presidents. Evidence is handed over to Congress and they decide whether it warrants impeachment.
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If so, they must get a 2/3 vote in Congress in order to actually remove the POTUS from office. It’s not an easy process, and for good reason. Presidents have many enemies, most of them for political reasons. If it were easy to just kick a POTUS out, people would probably be doing it a lot. And presidents would be tasked with the very stressful job of handing the nation’s business while constantly dealing with his political enemies trying to put him out of a job, or worse, behind bars. 
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Thus, our Founding Fathers had the good sense to protect the executive from these types of shenanigans. 
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THIS IS NOT AN EXTREME OPINION. IN FACT, IT WAS MAJORITY OPINION BEFORE BOOGEY MAN TRUMP WAS SWORN IN. 
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So if the folks over at Fake News CNN and PMSNBC have a problem with the fact that Kavanaugh doesn’t want to see a sitting POTUS being handed indictments every other day by his political enemies, they’re just gonna have to suck it up, buttercup. 
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They’re correct that PDT is not above the law. And there are processes for dealing with corrupt presidents. BUT KING BOB MUELLER IS NOT GOD, EITHER. AND THIS PRESIDENT HAS THE SAME EXECUTIVE RIGHTS AS EVERY OTHER ONE BEFORE HIM.
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Don’t you bend on this, Kavanaugh. I’m ignoring Complyin’ Ted in order to give you the shot you deserve, but if you flip-flop on this in order to appease the mob I’ll deem you a failure before you ever put on a robe. 
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And in case you’re wondering, no, this line of attack won’t work. It’s pretty stupid, honestly. But hey, they’re desperate. 
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BIG PICTURE:

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Some are saying that Kavanaugh is John Roberts 2.0 and we should be running for the hills. Others, like Ann Coulter (Peace Be Upon Her) see him as a rock star.

The truth, as usual, it’s likely somewhere in the middle.

Those of you looking for the “homerun pick” will have to settle for a solid double for now. There are moments in his record that make him seem like the true rock star Coulter has billed him as, while other moments reveal a squishiness that makes me uneasy at best.

In the final analysis, Kavanaugh isn’t a bad pick and, more importantly, is 100000x better than anyone Hillary would’ve put up. Is he who I wanted? No. I wanted Barrett on Capitol Hill making Dim heads spin in possessed rage. But as we’re reminded at the end of every Trump rally, you can’t always get what you want.

But if we try sometime, we do get what you need. And if everyone will take a step back and look at the big picture, I think we’ll see that Judge Kavanaugh will give us most of what we need and possibly more.

So long as that’s the case, I say we keep our whining to a minimum.

Here’s to a long and successful career on the bench, future Justice Kavanaugh.

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