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Andrew C Laufer, Esq @lauferlaw
, 10 tweets, 2 min read Read on Twitter
So I reviewed some of the opinions of Judge Kavanaugh last night and it further solidifies my opinion that he’s a thoughtful and reasoned constructionist conservative when it comes to applying the law. Meaning he is bound by Stare Decisis or Judicial precedent. /1
In layman’s terms, he follows the prior rulings of the Court and doesn’t aim to make new law. Take for example his dissenting opinion in Garza v. Hargan (2017) - the ‘abortion’ case reflects anything but a mission to overturn Roe v Wade. His dissent specifically /2
states that the government has the right “...to impose reasonable regulations so as they do not unduly burden the right to an abortion that the Court has recognized.” That sounds to me like he’s acknowledging that even an undocumented immigrant minor has a legal right to an /3
abortion. His focus appears to be directed upon the semantics of moving a minor through the immigration process and that a reasonable delay in obtaining an abortion does not unduly interfere with the right to have one. No where in any of his decisions does he reflect a /4
personal desire to overturn Roe v Wade. This specific decision actually reflects the opposite. Another important decision he opined was involving the ACA or Obamacare. In Seven Sky v Holder (2011) he didn’t even address the act itself but the Courts ability to review /5
the Act being limited based upon the expansive taxing power of Congress. That means he felt the Court May have lacked the jurisdiction to hear the case to begin with which would definitely anger many anti-ACA ‘elements.’ Those two important cases alone demonstrate to me that /6
Judge Kavanaugh is a by the book strict constructionist of the Constitution and the power of Congress. Many of his decisions reflect this stance. He is a well reasoned, competent; thoughtful, SANE, and STABLE jurist of the center right. We are in dire need of stability /7
In this country and we aren’t going to get stable and sane left of center jurists on the bench given the current political climate. In that case, I’ll take sane and stable right of center jurists. Lastly, his opinion that POTUS is too busy to worry about civil and criminal /8
was written in 2009 and I don’t believe he contemplated the gravity of a POTUS facing heavy criminal charges such as racketeering, rape, money laundering, and human trafficking. Further, that opinion stated Congress would have to change the law for POTUS to be immune from /8
(last para (9)). from prosecution. Trust me when I say, Trumpistan isn’t happy with this establishment pick. About to start a deposition. Will answer questions later. /end
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