Kavanaugh on the Issues

July 12, 2018
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A closer look at the next Supreme Court nominee.

“A judge must be independent and must interpret the law, not make the law…. “

Judge Brett Kavanaugh accepting the nomination for Supreme Court. What do his past rulings tell us about how he might rule from the highest court in the land?

RE: A President facing criminal investigations

“… a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President.”

Kavanaugh in 2009. He went on to say that just as Congress provides a "deferral of civil suits" for Presidents, it should consider the same for "criminal investigations and prosecutions."

RE: Gun Rights

“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.”

Kavanuaugh in a 2011 dissenting opinion arguing that the Second Amendment includes the right to own semi-automatic rifles.

RE: Gov’t Surveillance

“….the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”

Kavanaugh in a 2015 ruling on the National Security Agency’s collection of phone records. He went on to say that the Government’s program for bulk collection of 2 telephony metadata serves a critically important special need a preventing terrorist attacks on the United States.

RE: Abortion

“…the Government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion…. so long as it does not impose an undue burden on a woman seeking an abortion.”

Kavanaugh in a 2017 dissent in a case about whether a detained illegal immigrant teen could be released from custody to obtain an abortion.

Some critics of the Affordable Care Act point the finger at Kavanaugh because the Supreme Court echoed his logic from an earlier case regarding treating the individual mandate as a tax rather than a penalty when the high court upheld the law in 2015.

by Jenna Lee,