Liberals and Never-Trump Republicans simply can’t stand how Supreme Court nominee Brett Kavanaugh has long-agreed with Trump on core issues. Unlike Kavanaugh’s liberal rivals for nomination to the Supreme Court, he has participated in more than 3,800 cases and unflinchingly defended principles loathed by liberals.
How refreshing to actually have a Supreme Court nominee who supports American sovereignty, and does not defer to international law! Writing alone, as he has often had to do on the liberal D.C. Circuit, Judge Kavanaugh has explained in 2006 that the War Powers Clause is not restricted by international law.
In another case that began in 2007, Kavanaugh dissented from a decision that gave illegal aliens the same rights as American workers in forming unions for collective bargaining.
On the Second Amendment, Judge Kavanaugh was on the panel that heard a challenge to DC's strict gun controls after the Supreme Court solidified the individual right under the Second Amendment to keep and bear arms. The majority of that panel then upheld the gun control as courts do across the country now.
Judge Kavanaugh strongly dissented from that pro-gun-control decision, and wrote in favor of a Second Amendment that should be defended as strongly by courts as the First Amendment is. Justice Clarence Thomas will have a strong ally on the Supreme Court for the Second Amendment once Kavanaugh is confirmed.
None of the other eight justices on the Supreme Court, including Neil Gorsuch, would join Justice Thomas’s dissent in February decrying how gun control laws are being upheld by Courts of Appeals and the Supreme Court is refusing to accept those cases to review and reverse. The stark reality is that the Supreme Court has not taken a real Second Amendment case in years, and lower courts have gotten the message that they can uphold gun control laws without fear of being reversed.
Trump’s brilliant nomination of Kavanaugh to the High Court changes that. We can expect Kavanaugh to call out his colleagues if they continue to duck Second Amendment appeals, and his strong legal reasoning should help protect that fundamental right against further erosion.