July 08, 2018

McConnell Promoting the Second Coming of Souter for SCOTUS

Timothy Birdnow

The new frontrunner for SCOTUS is an illegal alien lover and Constitution waffler, According to reports in Breitbart.

From the article: "In 2013, for example, (judge Raymond) Kethledge sided with an illegal alien who overstayed a tourist visa and then spent the next ten years, while in the country illegally, trying to get an employment visa. Two separate employers filed paperwork that would have allowed the Indian national to remain in the United States, and both times the applications were denied when U.S. Citizenship and Immigration Services (USCIS) found the jobs to be bogus. Kethledge ruled, over a dissent by a Bill Clinton-appointed judge, that the alien himself had a right to challenge the determination that the employers did not qualify to keep foreign workers in the country, rather than just the employers themselves.

Even more troubling for those who prefer an America First interpretation of immigration law, Kethledge’s opinion in Patel v. USCIS expressly rejected the government’s contention that the sole purpose of those laws is to protect American workers and benefit American businesses that need foreign labor in qualifying circumstances where they cannot find Americans. "One can speculate that Congress meant to exclude certain aliens to protect American workers, and admit other, ‘qualified’ aliens to help American employers,” Kethledge wrote. "But there is no basis in the text of the statute—none—to conclude that Congress was completely indifferent to the interests of the ‘qualified immigrants’ themselves.”

Kethledge joined an opinion in Nguyen v. Holder blocking the deportation of a criminal with a green card who, after lying about an earlier drug conviction on his citizenship application, committed grand theft auto. Kethledge signed on to the opinion, by Jimmy Carter-appointee and notoriously left-leaning Judge Gilbert Merritt, holding that his conviction was not an "aggravated felony” mandating deportation. Another George W. Bush-appointed judge on the panel, while he agreed that grand theft auto was not a "crime of violence” and therefore not an "aggravated felony” for deportation purposes, rebuked the opinion Kethledge joined for going too far and not focusing on the federal definition of such a crime, which includes those includes those that involve a "‘substantial risk’ that physical force may be used against property.”

End excerpt.

Kethledge is the personal favorite of Majority Leader Mitch (the prison bitch) McConnell, who considers him "confirmable" and likes the fact he is not a conservative.

Look; we've already had a David Souter, which is exactly what this Kethledge fellow will be. Souter was chosen because he didn't have much of a paper trail and he was unobjectionable to the Democrats. John Sununu - a RINO in the McConnell mold - lobbied heavily for Souter as "confirmable" and he was, to our everlasting sorrow. Souter became a solid member of the Left wing of the Court and bedeviled us for years.

Even if Kethledge is somehow a stealth conservative (and stealth is the province of the liberal, not the conservative) he will still be weak and wobbly in some areas because he clearly isn't grounded in First Principles.

Republicans have a terrible track record on SCOTUS nominations anyway. Sandra Day O'Connor and Anteddy Kennedy were both Reagan picks (and compromises to get them confirmed) and both were disappointments. Bush picked Souter. While Bush Jr. chose John Roberts, who has been fair, Roberts rewrote the Obamacare law to make it work, in violation of his duty as Justice. it was not his job to make any law work, but to rule on the merits of that law as pertaining to the U.S. Constitution.

Read the whole Breitbart article. Judge Kethledge has shown himself to be universally an open borders man.

Trump promised he was going to chose a Justice who is a strict constructionist, and it appears this Kethledge is not that man. There is no value to choosing someone solely to make McConnell's job easier. I would rather leave the seat vacant and try again than appoint a bad one and be stuck with the mistake for twenty, thirty years.

Trump needs to fight this fight now. And Mitch McConnell needs to either make it happen or resign as Majority Leader.

Posted by: Timothy Birdnow at 08:53 AM | No Comments | Add Comment
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