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Jed Shugerman @jedshug
, 7 tweets, 3 min read Read on Twitter
Law prof @Kentgreenfield1:
"If [Trump] won the presidency with the help of a foreign power, and he was in on it, his entire presidency is illegitimate...We can all agree, can’t we, that Supreme Court justices should not be appointed by an agent of a foreign adversary?" 1/
2/ I'll say it again: No president w/ concrete and credible evidence of high crimes has EVER appointed a Justice to the Supreme Court. Thankfully, we've only had 4 such presidents: Andrew Johnson, Nixon, Clinton... and most concretely, @realDonaldTrump. wbur.org/cognoscenti/20…
3/ And it just so happens that Trump has nominated someone who has suggested overturning US v Nixon, because DOJ subpoenas of presidents are "non-justiciable." That would make Trump immune from Mueller/DOJ subpoenas, and it portends many other problems.
4/ Kavanaugh's judicial decisions have embraced an extreme version of the unitary executive theory. Kavanaugh likes presidential power, not precedential power. That's great for Trump (Control the Fed? Fire Mueller?). Bad news for Roe v. Wade. slate.com/news-and-polit…
5/ An odd pattern with Kavanaugh:
He seems most excited to overturn big cases decided by wide margins, w/ huge ramifications:
U.S. v. Nixon (8-0)
Humphrey's Executor (9-0)
Morrison v. Olson (7-1)
Roe v. Wade (7-2)
Vote count isn't everything, but he's not a deferential judge.
6/ Clarifying past presidents:
A.Johnson = no appointments.
Nixon's & Clinton's were in their 1st terms. (Whitewater investigation started 1994, but didn't turn up credible high crimes until 2d term).
Reagan appointed during Iran-Contra, but no direct evidence of his high crimes
7/ During Nixon's and Clinton's second terms, the Justices had the good sense not to retire, sparing the country of the controversy of an impeachment-embroiled president trying to swing the Court.
Anthony Kennedy apparently lacks that good sense.
But the point still stands.
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