Friday, July 13, 2018

Would Brett Kavanaugh stand up for the rule of law or for Trump?

https://www.ncronline.org/news/opinion/distinctly-catholic/would-brett-kavanaugh-stand-rule-law-or-trump
I suspect Kavanaugh would vote like Kennedy on many issues, including Casey, which was also rightly decided.  These little mayflies the states send up to the Court system are designed to give them an opportunity to overturn Roe. As long as Roberts and Alito believe it is settled law, that won't happen so SCOTUS will never hear the case. Indeed, if you apply the Kennedy standard, Gorsuch and Kavanaugh are in the same camp and the pro-Casey, pro-Roe faction contains 8 justices. Give it a rest, Michael, Roe is going nowhere until Congress acts to "enforce" the 14th Amendment by moving personhood to an earlier point in pregnancy. If it does, the Court will uphold it.

On Trump, how did Kennedy vote on Bush v. Gore and whixch side really stood for the rule of law? Aside from being for Gore, the case was rightfully decided based on constitutional law on the chosing of electors. As far as impeachment, it is unlikely that anything will get to the Court. U.S. v. Nixon is conrolling law which implies that the President is not above the law, which is what Kavanaugh stated in his law review article.  I suspect that Mueller will try for impeachment and the Congress will comply, either before or after the election - I suspect before because otherwise Trump will bring down the party in November.

As for supporting Capitalism, they all do in most cases, unanimojusly.  There are methods to overturn it and the Courts are not not one of them.

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