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Old 07-02-2018, 02:17 PM
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Default CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates

CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates
Matt Vespa| @mvespa1 |Posted: Jul 02, 2018 1:31 PM

https://townhall.com/tipsheet/mattve...dates-n2496596

Fix the bayonets! We’re about to enter what will certainly become one of the biggest fights since the tax reform package passed last December. Justice Anthony Kennedy is leaving the Supreme Court on July 31. He made his intentions known to the Trump White House on the final day of the current sessions, where the high court delivered a massive blow to public sector union, ruling that forced dues from non-union members were unconstitutional. It was a key First Amendment victory. Now, with Kennedy taking his much-deserved retirement, conservatives are primed to have a solid majority on the Supreme Court. With the composition of the court at stake, you can guess that the Democrats are going to dig in, they’re going to attack, and they might make complete fools of themselves.

A

No, correction; they already have made fools of themselves by trying to say no Supreme Court nominee should be considered because it’s an election year when it was VERY clear that the Biden rule applies in presidential years only. They’ve already started to back away from that idiotic talking point. After all, even The Washington Post called them dolts over that line of attack. Right now, it’s a case of Democrats opposing Trump’s nominee, who has yet to be announced, while others say it’s wrong to do so; Sen. Warren said that.

A

This morning CBS News reported that President Trump has narrowed his choices to D.C. Circuit Court Judge Brett Kavanaugh and Chicago Circuit Court Judge Amy Coney Barrett. Kavanaugh is 53 years old; Barrett is 46 years old:

Quote:
.CBS News has learned that D.C. Circuit Court Judge Brett Kavanaugh and Chicago Circuit Court Judge Amy Coney Barrett are currently Mr. Trump's leading contenders for the appointment to the nation's highest court.
Kavanaugh and Barrett both appear on Mr. Trump's list of 25 possible nominees and he's said he plans to interview about half a dozen potential candidates before announcing his selection.
Sen. Susan Collins, a moderate Republican from Maine, said that Mr. Trump told her during a private meeting that he would not question his potential nominees about Roe v. Wade, the landmark decision establishing abortion as a right for women.
The expected addition of another conservative justice to the Supreme Court has stirred speculation that the case could be overturned.
Those two—Murkowski and Collins—are the troublemakers. We’re already at 50 Republicans in the Senate with the absence of John McCain. If those two defect, that’s the ball game. The process is reportedly going to be as expeditious as possible, with possible hearings in August followed by a confirmation vote by the fall. Just in time for the 2018 midterms, which could drive up GOP voter turnout and put red state Democrats in a jam. Yet, while all seems smooth, those two could gum up the works. I would have also been happy to see Third Circuit Court Judge Thomas Hardiman, who was also interviewed to fill the late Antonin Scalia’s vacancy. He was more or less vetted by the news media, confirmed 95-0, and is beyond qualified. In terms of legal philosophy, he’s reportedly a carbon copy of current Associate Justice Samuel Alito. He’s 52 years old.
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  #2  
Old 07-02-2018, 02:31 PM
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Default Re: CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates

Thumbnails Courtesy of John Richardson, NO LAWYERS - ONLY GUNS AND MONEY

http://onlygunsandmoney.blogspot.com

**************************

Amy Coney Barrett

Personal:
46 y.o., married to Jesse Barrett, an AUSA for Northern Indiana, 7 children. Roman Catholic.
Current Position:Judge, 7th Circuit Court of Appeals, appointed by Pres. Donald Trump, confirmed Oct. 31, 2017

Education:
Rhodes College, BA, 1994
Univ. of Notre Dame Law School, JD summa cum laude, law review, 1997

Clerkships:
Judge Laurence Silberman, US Court of Appeals for the DC Circuit, 1997-1998
Justice Antonin Scalia, Supreme Court of the United States, 1998-1999

Previous Positions:Associate, Miller, Cassidy, Larroca & Lewin, Washington, DC., 1999-2001
Adjunct Prof., George Washington University Law School, 2001-2002
John M. Olin Fellow in Law, 2001-2002
Prof. of Law, University of Notre Dame Law School, 2002-2017
Visiting Prof. of Law, University of Virgina Law School, 2007

Scholarship:
Congressional Insiders and Outsiders, U.Chi. L. Rev. (forthcoming 2017).
Originalism and Stare Decisis, 92 Notre Dame L. Rev. 1921 (2017).
Congressional Originalism, 19 U. Penn. J. of Const. L. 1 (2017) (with John Copeland Nagle)
Countering the Majoritarian Difficulty, 31 Const. Comm. 61 (2017).
Statutory Interpretation in The Encyclopedia of American Governance (2016).
Federal Court Jurisdiction in The Encyclopedia of American Governance (2016).
Substantive Canons and Faithful Agency, 90 B.U. L. REV. 109 (2010).
Federal Jurisdiction in Encyclopedia of the Supreme Court of the United States.
Introduction: Stare Decisis and Nonjudicial Actors, 83 Notre Dame Law Review 1147 (2008).
Procedural Common Law, 94 Virginia L. Rev. 813-88 (2008).
The Supervisory Power of the Supreme Court, 103 Colum. L. Rev. 324 (2006).
Statutory Stare Decisis in the Courts of Appeals, 73 Geo. Wash. L. Rev. 317 (2005).
Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).
Catholic Judges in Capital Cases, 81 Marquette L.Rev. 303 (1998) (with John H. Garvey)

Judicial Opinions: In the short time Judge Barrett has been on the 7th Circuit Court of Appeals, she has authored eight majority opinions and one dissent. None of these had to do with issues surrounding either the First or Second Amendments.
Opposition:Judge Barrett, a practicing Roman Catholic and mother of seven, is loved by evangelicals and hated by the Left. The former hopes she'll vote to overturn Roe v. Wade and the latter expect her to do that and thus find her objectionable. According to the left-wing Alliance for Justice, she decried Roe due to the Supreme Court "creat[ed] through judicial fiat a framework of abortion on demand.” "

******************************

Brett M. Kavanaugh

Personal:
53 y.o., married to Ashley Estes Kavanaugh (who was Personal Secretary to Pres. George W. Bush), and has two daughters. Catholic.

Current Position:
Judge, US Circuit of Appeals for the District of Columbia. Nominated by Pres. George W. Bush. Confirmed May 26, 2006

Education:
Yale College, B.A., 1987
Yale Law School, J.D., 1990

Clerkships:
Judge Walter K. Stapleton, US Court of Appeals for the 3rd Circuit, 1990-1991
Judge Alex Kosinski, US Court of Appeals for the 9th Circuit, 1991-1992
Justice Anthony M. Kennedy, Supreme Court of the United States, 1993-1994

Previous Positions:
Attorney, Office of the Solicitor General, U.S. Department of Justice, 1992-1993
Associate independent counsel, Whitewater investigation, 1994-1997, 1998
Partner, Kirkland and Ellis, Washington, DC, 1997-1998 and 1999-2001
Associate Counsel to the President, The White House, 2001-2003
Senior Assoc. Counsel to the President, The White House, 2003
Assistant to the President and Staff Secretary, The White House, 2003-2006

Scholarship:
Defense Presence and Participation: A Procedural Minimum for Batson v. Kentucky Hearings, 99 Yale L.J. 187 (1989-1990)
The President and the Independent Counsel, 86 Geo. L.J. 2133 (1997-1998)
Separation of Powers During the Forty-Fourth Presidency and Beyond, 93 Minn. L. Rev. 1454 (2009)
A Dialogue with Federal Judges on the Role of History in Interpretation, 80 Geo. Wash. L. Rev. 1889 (2011-2012)
Our Anchor for 225 Years and Counting: The Enduring Significance of the Precise Text of the Constitution, 89 Notre Dame L. Rev. 1907 (2014)
The Courts and the Administrative State, 64 Case W. Res. L. Rev. 711 (2014)
Fixing Statutory Interpretation, 129 Harv. L. Rev. 2118 (2015)
The Judge as Umpire: Ten Principles, 65 Cath. U. L. Rev. 683 (2015)
Co-Author, Law of Judicial Precedent, 2016
Two Challenges for the Judge as Umpire: Statutory Ambiguity and Constitutional Exceptions, 92 Notre Dame L. Rev. 1907 (2017)

Judicial Opinions:
It is estimated that Kavanaugh has written well over 275 opinion in his years on the Court of Appeals. He filed a dissent in Heller II which challenged gun registration and the AWB in DC. Because of the nature of the DC Circuit, Kavanaugh has written many opinions that deal with agencies and regulation. The SCOTUSBlog says he tends to take a case-by-case approach to administrative law without resorting to a full frontal challenge on Chevron deference. Nonetheless, he has worked to keep the administrative state in check especially with some of the rules promulgated by the Obama-era EPA. The SCOTUSBlog says, "To Kavanaugh, if Congress has not spoken on a matter of deep economic and political significance, which it had not in this instance, a regulation challenged under the relevant statute is presumed to be invalid."

Opposition:
The Alliance for Justice in a bit of hyperbole says that a Kavanaugh nomination would "threaten the rights of consumers, workers, and immigrants, as well as women’s reproductive rights and protections for clean air and clean water." Kavanaugh's confirmation to the DC Circuit was held up for three years due to his being the principal author of the Starr Report which eventually led to Pres. Bill Clinton's impeachment (but not conviction). I'm sure the Clinton true believers will continue to hold this against him.
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  #3  
Old 07-02-2018, 02:35 PM
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Default Re: CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates

Either would be excellent.

Of the two I favor Barrett but theres a good chance Susan Collins wont.
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Old 07-02-2018, 03:32 PM
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Default Re: CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates

Quote:
Originally Posted by jim slagle View Post
Either would be excellent.

Of the two I favor Barrett but theres a good chance Susan Collins wont.
Susan Collins won't because Barrett has no published opinion of Roe V Wade. Her decision is not about merit but Ceri Desisus
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Old 07-02-2018, 03:46 PM
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Default Re: CBS NEWS: Trump Has Narrowed His SCOTUS Pick To These Two Candidates

Should be interesting to see what kind of crap the democrats and their lapdog media bring up in their efforts to delay an appointment.
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