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ICYMI: WSJ: Kavanaugh for the Court

- July 10, 2018

Kavanaugh for the Court
Wall Street Journal
Editorial Board
July 9, 2018

"…Judge Kavanaugh has an exemplary record that suggests he will help to restore the Supreme Court to its proper, more modest role in American politics and society.
 
"Mr. Trump stressed the 53-year-old Judge Kavanaugh’s legal credentials Monday evening, and well he should. In 12 years on the D.C. Circuit Court of Appeals, he has written more than 300 opinions that span nearly every significant constitutional issue including the separation of powers and federalism. The Supreme Court has adopted the logic of 11 of his opinions in whole or part. He has the experience and intellect to be a leader on the Court, not merely a predictable vote on this or that issue.
 
"In particular, Judge Kavanaugh is among a younger generation of judges who base their rulings on the text of the Constitution and Congressional statute. This method comes through clearly in many opinions, including a case (Heller v. D.C.) in which he rejected a balancing test for gun laws and said the Second Amendment requires an originalist historical inquiry.
… 

"Judge Kavanaugh has also demonstrated judicial modesty on foreign policy by upholding the executive’s collection of metadata and use of military commissions to prosecute enemy combatants…
 
"Judge Kavanaugh’s First Amendment jurisprudence also reflects a deep respect for the free exercise of religion and speech. In Priests for Life v. HHS, he concluded the Obama Administration’s rule requiring religious organizations to file forms facilitating contraception by third parties substantially burdened their exercise of religion since they had to act contrary to their sincere beliefs…


"This still preserves for the Court a large role in protecting fundamental rights and the structure of the separation of powers that is a bulwark against tyranny. The Court has become far too embroiled in politics, which has undermined public faith in the law and Constitution.

"We firmly believe that liberals have much less to fear from a conservative majority than they imagine. A genuinely conservative Court might even help progressives by liberating them to focus once again on the core task of self-government—persuading their fellow Americans through elections, not judicial fiat."​

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