Trump and the SCOTUS
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Thread: Trump and the SCOTUS

  1. #1
    XCR Guru TomAiello's Avatar
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    Trump and the SCOTUS

    Has anyone looked into any of Trump's shortlist candidates for the SCOTUS?

    I got interested last week when my wife noticed that one of my law school classmates was on the list (apparently he was on candidate Trump's original 2016 list as well, but this was the first I heard of it).

    I'm generally not a Trump fan, but his list has the very great virtue that it includes people who didn't got to Harvard or Yale, unlike every other justice (Where the Supreme Court justices went to college - Business Insider).

    I've long thought the court needed real intellectual diversity. I'm hopeful that Trump will do something good here, and nominate some people with genuinely different backgrounds.
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    - Tom Aiello
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    XCR Guru TomAiello's Avatar
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    Oh, and due credit to Clarence Thomas, who has both spoken and written on the court's lack of intellectual diversity, and called for justices from law schools aside from Harvard and Yale on multiple occasions. Justice Thomas is, in my (reasonably educated by admittedly biased) view, the finest mind to sit on the court in the 21st century (and possibly the 20th, as well).
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    - Tom Aiello
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    ...I don't care, I'm still free, you can't take the sky from me...

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    Marksman Loonster's Avatar
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    Hopefully Trump was just sandbagging until he owned the court.
    “If a tyrant is one man and his subjects are many, why do they consent to their own enslavement?"

    Etienne de La Boetie (1530-1563)

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    XCR Guru Sean K.'s Avatar
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    Quote Originally Posted by TomAiello View Post
    Oh, and due credit to Clarence Thomas, who has both spoken and written on the court's lack of intellectual diversity, and called for justices from law schools aside from Harvard and Yale on multiple occasions. Justice Thomas is, in my (reasonably educated by admittedly biased) view, the finest mind to sit on the court in the 21st century (and possibly the 20th, as well).
    And thinking back to his confirmation and the Anita Hill fiasco, it's amazing how close we came to losing him.
    "Necessity is the plea for every infringement of human liberty. It is the argument of tyrants; the creed of slaves."-William Pitt the Younger

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    Marksman Loonster's Avatar
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    So, does anyone know anything about Brett Kavanaugh? The only thing I know about him is what I read from CNN, based on that he seems like a good guy...
    “If a tyrant is one man and his subjects are many, why do they consent to their own enslavement?"

    Etienne de La Boetie (1530-1563)

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    XCR Guru TexasChris's Avatar
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    Quote Originally Posted by Sean K. View Post
    And thinking back to his confirmation and the Anita Hill fiasco, it's amazing how close we came to losing him.
    I was listening to the audio from the hearing a few weeks back. The fact that people had to keep saying "long dong silver" again and again had me in stitches.
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    Do what you've always done, get what you've always got. ----- Have gun. Will travel.

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    XCR Guru Sean K.'s Avatar
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    GOA letter about Kavanaugh:

    The Anti-gun Left is Apoplectic Over the Brett Kavanaugh Nomination

    Dear Sean,

    The anti-gun Left has come totally unglued.

    Last night, President Donald Trump nominated Brett Kavanaugh for the Supreme Court, and the liberal Left is in full mourning right now.

    Democrat Senator Chris Murphy of Connecticut is symptomatic of the wailing and gnashing of teeth that is occurring today. Murphy tweeted last night:

    Brett Kavanaugh is a true Second Amendment radical. He believes assault weapon bans are unconstitutional, a position way out of the judicial mainstream, far to the right of even late Justice Scalia.

    Actually, Sen. Murphy is right about one thing. Early analysis (using a liberal-conservative scale) indicates that Kavanaugh is to the right of Scalia -- and even to the right of Justice Neil Gorsuch.

    There is no doubt that Kavanaugh is pro-gun and will be a HUGE improvement over Anthony Kennedy, whom he is replacing. This is not to say that he is the most pro-gun of the finalists.

    That would have been Third Circuit Judge Thomas Hardiman, who seemed prepared to rule that the only legitimate limits on the Second Amendment are laws that existed at the time of the Founders.

    Nevertheless, Kavanaugh, in his most important gun-related decision (Heller II) filed a dissent arguing that D.C.'s ban on semi-automatic firearms was arbitrary and unlawful.

    In fact, his dissent was so well argued that GOA's subsequent legal briefs have repeatedly held up his dissent as the model to follow.

    In another case, Kavanaugh correctly interpreted the Firearm Owners Protection Act to find that a defendant could not be sentenced to 30 years in prison for use of a fully-automatic firearm if he was unaware that the gun fired automatically.

    Kavanaugh also supported the prevailing opinion in the Citizens United case, which affirmed GOA's voice in the political arena.

    No doubt, constitutionalists are bound to find some opinion that they will disagree with. No justice is perfect. Consider: There is near unanimous agreement that Clarence Thomas is the most conservative justice on the Supreme Court, and yet, even Justice Antonin Scalia -- as good as he was -- was to the left of Justice Clarence Thomas.

    All said, given Kavanaugh's pro-gun vote in Heller II, we need to look at his record carefully and shouldn't nitpick on issues which doesn't directly relate to guns.

    So I'll say it again. Judge Brett Kavanaugh is a HUGE improvement over Kennedy.

    Remember page 54 of the Heller decision -- where there was dicta stating that certain gun control laws could be consistent with the Second Amendment?

    Legal scholars have uncovered that this page was the price for "buying" Anthony Kennedy's vote -- and getting a 5-4 majority on Heller.

    Now he's gone. And his exit is not lamented by any of us.

    Thankfully, it looks as though we have a real chance for the Court to revisit the Second Amendment -- and actually hand down future decisions that will begin to dismantle the unconstitutional laws which are on the books.

    So please urge your Senators to support the nomination of Brett Kavanaugh for the U.S. Supreme Court.

    In Liberty,

    Erich Pratt
    Executive Director
    Follow me on Twitter: @erichmpratt
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    "Necessity is the plea for every infringement of human liberty. It is the argument of tyrants; the creed of slaves."-William Pitt the Younger

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