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-   -   BRETT KAVANAUGH July 2018 SCOTUS nomination thread - please use this one (https://www.calguns.net/calgunforum/showthread.php?t=1461646)

bababoris 07-09-2018 9:09 AM

BRETT KAVANAUGH July 2018 SCOTUS nomination thread - please use this one
 
Does it make sense to crest one to collect all of the info and discussion around DT’s impending nomination? TIA.


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bababoris 07-09-2018 11:38 AM

https://uploads.tapatalk-cdn.com/201...23c69a909c.png


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Chatterbox 07-09-2018 1:04 PM

Trump said to have reached final decision on Supreme Court nominee
Hardiman and Kavanaugh had emerged as the two late-in-the-game favorites.
https://www.politico.com/story/2018/...vanaugh-702297

Quote:

Adam Winkler, a law professor at the University of California at Los Angeles who has written extensively about gun laws, said that if Hardiman’s views were law, gun restrictions in states such as California, New York and New Jersey would be struck down, potentially leading to a vast expansion in legal gun ownership.

“He believes the government has very little leeway in regulating guns. He thinks the only types of gun-control laws that are constitutionally permissible are ones that existed at the founding,” said Winkler, author of “Gunfight: The Battle Over the Right to Bear Arms in America.” He described Hardiman as a “Second Amendment extremist".

Many court watchers believe that Justice Anthony M. Kennedy’s presence on the court had something to do with that silence and that an avowed Second Amendment defender such as Hardiman — or Judge Brett M. Kavanaugh, who has also expressed an expansive view of gun rights and is reportedly among Trump’s top picks for the job — could have a profound effect on the court’s handling of gun-related cases.
https://www.washingtonpost.com/polit...=.ef59b163ec46

Librarian 07-09-2018 2:17 PM

Good idea - let's use this one.

Other than threads in off-topic, generally other SCOTUS-18 threads will be deleted.

Silent Pulse 07-09-2018 4:54 PM

Live steam: https://www.youtube.com/watch?v=FszugidxkWY

tenemae 07-09-2018 5:01 PM

Wow.. that started on time for once.

$$$ on Kavanaugh

:popcorn:

speedrrracer 07-09-2018 5:03 PM

Quote:

Originally Posted by Librarian (Post 21860177)
Good idea - let's use this one.

Other than threads in off-topic, generally other SCOTUS-18 threads will be deleted.

Let's not limit our options so drastically....there may be other SCOTUS nominations this year! :D

Offwidth 07-09-2018 5:04 PM

Quote:

Originally Posted by tenemae (Post 21860769)
Wow.. that started on time for once.

$$$ on Kavanaugh

:popcorn:

I would prefer Hardiman. Enough of Yale and Harward mafia.

bababoris 07-09-2018 5:04 PM

Quote:

Originally Posted by speedrrracer (Post 21860773)
Let's not limit our options so drastically....there may be other SCOTUS nominations this year! :D



I love your optimism!


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Offwidth 07-09-2018 5:04 PM

Quote:

Originally Posted by speedrrracer (Post 21860773)
Let's not limit our options so drastically....there may be other SCOTUS nominations this year! :D

One could hope.

tenemae 07-09-2018 5:06 PM

"where judges apply the constitution as written"
ooooh boy

nick 07-09-2018 5:06 PM

Kavanaugh.

Afterimage 07-09-2018 5:07 PM

Kavanaugh it is.

bababoris 07-09-2018 5:08 PM

Underwhelmed


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Eat Dirt 07-09-2018 5:09 PM

Quote:

Originally Posted by nick (Post 21860797)
Kavanaugh.

:clap:

Sousuke 07-09-2018 5:10 PM

I'm happy with this.

Silent Pulse 07-09-2018 5:10 PM

What is Brett's standing and views on 2A?

Vitesse et de la Masse 07-09-2018 5:13 PM

:cheers2:

wireless 07-09-2018 5:15 PM

Quote:

Originally Posted by Silent Pulse (Post 21860817)
What is Brett's standing and views on 2A?

https://www.cadc.uscourts.gov/internet/opinions.nsf/DECA496973477C748525791F004D84F9/$file/10-7036-1333156.pdf

Read his dissent in Heller II

Fiveohmike 07-09-2018 5:15 PM

Quote:

Originally Posted by Silent Pulse (Post 21860817)
What is Brett's standing and views on 2A?

He is an origininalist. He wrote a lengthy dissent of an assault weapons ban that was upheld by a liberal court. Justice Thomas cited this extensively in his own dissents.

http://thehill.com/opinion/judiciary...-supreme-court

Offwidth 07-09-2018 5:15 PM

Meh..

But better than a new Sotomayor that Clinton would have picked. Those two appointments alone are worth the election win.

Fiveohmike 07-09-2018 5:16 PM

Quote:

Originally Posted by Offwidth (Post 21860837)
Meh..

But better than a new Sotomayor that Clinton would have picked. Those two appointments alone are worth the election win.


*crosses fingers for two more (Ginsberg for age, and Soto for her diabetes issues.*. Maybe one can dream and throw in 3 for Breyer for his age?

Jak Nobody 07-09-2018 5:16 PM

Was honestly expecting Barrett as it would have been a more political decision. Using a female so that the left would look like bad for grilling her too hard.

But Kavanaugh appears to be a good choice.

00Medic 07-09-2018 5:18 PM

Barrett is probably all lined up and ready for when RBG finally "retires".

wharbin 07-09-2018 5:19 PM

This is best case scenario. Constitutional originalist. Strong 2nd amendment supporter. Most importantly, will get confirmed.

“Kavanaugh, who has served on the U.S. Court of Appeals for the D.C. Circuit since 2006, dissented from a 2011 decision in which a three-judge panel upheld the District of Columbia's ban on so-called assault weapons and its requirement that all guns be registered. Kavanaugh disagreed with the majority's use of "intermediate scrutiny," saying an analysis "based on text, history, and tradition" is more consistent with the Supreme Court's Second Amendment precedents.

The D.C. "assault weapon" ban covers a list of specific models as well as guns that meet certain criteria. A semi-automatic rifle that accepts a detachable magazine is illegal, for instance, if it has any of six prohibited features, including an adjustable stock, a pistol grip, or a flash suppressor. "The list appears to be haphazard," Kavanaugh noted. "It bans certain semi-automatic rifles but not others—with no particular explanation or rationale for why some made the list and some did not." In any case, he concluded, the law is inconsistent with the landmark 2008 case District of Columbia v. Heller.


"In Heller," Kavanaugh noted, "the Supreme Court held that handguns—the vast majority of which today are semi-automatic—are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller's protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.'s ban on them is unconstitutional."

Although Heller suggested that various "longstanding" gun restrictions would pass constitutional muster, Kavanaugh said, D.C.'s gun registration system does not qualify. "Because the vast majority of states have not traditionally required and even now do not require registration of lawfully possessed guns," he wrote, "D.C.'s registration law—which is the strictest in the Nation and mandates registration of all guns—does not satisfy the history- and tradition-based test set forth in Heller."”

Offwidth 07-09-2018 5:20 PM

Quote:

Originally Posted by Jak Nobody (Post 21860844)
Using a female so that the left would look like bad for grilling her too hard.

Left is incapable of self reflection so they would not care about grilling.

Offwidth 07-09-2018 5:22 PM

Quote:

Originally Posted by wharbin (Post 21860857)
he wrote, "D.C.'s registration law—which is the strictest in the Nation and mandates registration of all guns—does not satisfy the history- and tradition-based test set forth in Heller."”

Never trust history or tradition tests. They are inherently subjective. We need somebody citing the inherent human right, existing outside of 2A, for armed self-defense.

Neil McCauley 07-09-2018 5:23 PM

We win again, well Kavnaugh sits to the right of Kennedy so yes thats considered winning.

Librarian 07-09-2018 5:23 PM

See also Fox News links,

Silent Pulse 07-09-2018 5:24 PM

Quote:

Originally Posted by wireless (Post 21860835)
https://www.cadc.uscourts.gov/internet/opinions.nsf/DECA496973477C748525791F004D84F9/$file/10-7036-1333156.pdf

Read his dissent in Heller II

Quote:

Originally Posted by Fiveohmike (Post 21860836)
He is an origininalist. He wrote a lengthy dissent of an assault weapons ban that was upheld by a liberal court. Justice Thomas cited this extensively in his own dissents.

http://thehill.com/opinion/judiciary...-supreme-court

Fair enough. Good to know the man defends 2A. Hopefully the next judge (if at all) to fill the next vacancy is Hardiman this time.

CalAlumnus 07-09-2018 5:24 PM

Barrett would have made for more short-term political fun, but she has limited experience on the bench and thus we have little sense of how she would be on 2A issues. Maybe she favors an approach to gun rights akin to John Paul Stevens: originalist, but concluding that it’s about a collective right and not an individual right. We don’t know.

We have a much better sense with Kavanaugh. He’s already written a dissent stating that an assault weapons ban and registration requirement is unconstitutional.

Thus Kavanaugh is the better choice, from a pro-2A perspective.

speedrrracer 07-09-2018 5:24 PM

I was hoping for Winkler's "2nd Amendment extremist" but perhaps Kavanaugh will be good enough.

Barett got the hint that she's on the short list, and just needs to put her views on paper, so I expect we'll see very conservative opinions from her in the near term, as RBG / Breyer could "retire" very soon.

OK, so now we get to confirm this guy. Let's get to it....

Quote:

Originally Posted by CalAlumnus (Post 21860898)
Barrett would have made for more short-term political fun, but she has limited experience on the bench and thus we have little sense of how she would be on 2A issues. Maybe she favors an approach to gun rights akin to John Paul Stevens: originalist, but concluding that it’s about a collective right and not an individual right. We don’t know.

We have a much better sense with Kavanaugh. He’s already written a dissent stating that an assault weapons ban and registration requirement is unconstitutional.

Thus Kavanaugh is the better choice, from a pro-2A perspective.



Exactly

timdps 07-09-2018 5:31 PM

Pretty calm so far over at DU...

https://www.democraticunderground.com/10142105205

CalAlumnus 07-09-2018 5:31 PM

“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.“
https://twitter.com/ChrisMurphyCT/st...90627742171137

ap3572001 07-09-2018 5:33 PM

Quote:

Originally Posted by CalAlumnus (Post 21860898)
Barrett would have made for more short-term political fun, but she has limited experience on the bench and thus we have little sense of how she would be on 2A issues. Maybe she favors an approach to gun rights akin to John Paul Stevens: originalist, but concluding that it’s about a collective right and not an individual right. We don’t know.

We have a much better sense with Kavanaugh. He’s already written a dissent stating that an assault weapons ban and registration requirement is unconstitutional.

Thus Kavanaugh is the better choice, from a pro-2A perspective.

Assault weapons ban and registration requirement not only unconstitutional, but it does absolutely nothing to prevent gun violence and help with crime.

Noble Cause 07-09-2018 5:34 PM

Brietbarts take:


***Live Updates*** Trump Nominates
Brett Kavanaugh to SCOTUS

Breitbart. 7/9/18
https://www.breitbart.com/big-govern...d-scotus-pick/


The Left is, predictably, going Full Potato.


Noble

Afterimage 07-09-2018 5:34 PM

Quote:

Originally Posted by timdps (Post 21860934)
Pretty calm so far over at DU...

https://www.democraticunderground.com/10142105205

Just give it a few minutes. They are receiving their talking points as I type this.

timdps 07-09-2018 5:34 PM

Quote:

Originally Posted by CalAlumnus (Post 21860936)
“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.“
https://twitter.com/ChrisMurphyCT/st...90627742171137


Are there any AW cases anywhere near ready for SCOTUS?

T

tankarian 07-09-2018 5:35 PM

Great 2nd A record
https://www.nationalreview.com/bench...nt-gun-rights/

nicky c 07-09-2018 5:37 PM

Quote:

Originally Posted by CalAlumnus (Post 21860936)
“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.“
https://twitter.com/ChrisMurphyCT/st...90627742171137

Scalia didn’t get the opportunity to weigh in on such bans; he made hints in Heller but we’ll never know for sure.


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