Timothy Birdnow

Is Brett Kavanaugh going to be another Scalia or Souter? Former Congressman Gil Gutknecht believes the latter.

From Townhall:

"The Left predictably and immediately unleashed fire, furry and vitriol. They pledged millions to defeat her (Susan Collins) in her next election. Traitor! She would be forever banished from the feminist plantation. How could she turn her back on her gender? The Right just as predictably heaped high praise on her. She had become a genuine statesman (stateswoman?) in their eyes. Carving a special place in history.

What both sides seemed to have missed is what she actually had said leading up to her historic announcement. . . .

We have been repeatedly assured that Brett Kavanaugh is a solid constitutional conservative. . . .

Review for yourself and listen carefully to what the Senior Senator from Maine told us at https://youtu.be/LJRdMh1XhAY

She repeatedly called Judge Kavanaugh a centrist. She reinforced that point with several examples. On over 93% of the cases jointly decided, he and Judge Merrick Garland concurred. Was it a Garland fellow traveler that we had in mind? Lisa Black, who clerked for Justice Ruth Bader Ginsberg and has argued more cases in front of the Supreme Court than any other woman, offered high praise for Kavanaugh. Black is a self-professed staunch defender of Roe and said that he "fits within the mainstream of legal thought.”

Kavanaugh called Marbury v. Madison one of the four greatest Supreme Court rulings. This is the bedrock ruling upon which all judicial activism is built.

Hmmm?

Senator Collins reminded us that Kavanaugh had tried to find middle ground on the matter of forcing religious orders to offer contraceptives to employees. Fine. But, he went further. He offered that this was "settled law” citing Griswold v. Connecticut and that the "government had a compelling interest in facilitating access to birth control.”

Compelling interest? Access? Really?

But, it was his reverence to precedents that was most troubling. Collins clearly probed deeply on the 45 year old Roe decision. He told her that past decisions become "part of our legal framework.” He added that precedents are not merely judicial policy, not a goal, but a constitutional tenant. That they were "not to be trimmed, narrowed or overlooked.” When she asked about Planned Parenthood v. Casey, (a decision co-authored by Justice David Souter) he told her that it was "precedent on precedent.”

End excerpt.

Kavanaugh told Collins roe v. Wade was "precedent on precedent" meaning there is no way on God's Green Earth he would support overturning an illegal precedent. And he also said Griswold v. Connecticut means religious organizations will have to provide contraception for employees like it or not.

Kavanaugh may well have been a pyrrhic victory.

Hat tip; Veritas PAC

Posted by: Timothy Birdnow at 10:45 AM | No Comments | Add Comment
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