Judge Kavanaugh for Supreme Court
As I mentioned the other day, the DC Circuit has upheld the District's onerous new gun laws. But there was a dissent: Judge Brett Kavanaugh. I've finally read the dissent, and it is magnificent. The Circuit Court's majority follows what has been the conventional wisdom that lower courts must employ "balancing tests" to define the limits of the right to keep and bear arms. And so the majority used a test known as "intermediate scrutiny," which allowed them to conclude that bearing arms isn't really that important after all -- at least not compared to the DC government's "significant interest" in disarming its law-abiding citizens (because, as we know, the criminals will be unaffected by the DC laws). Kavanaugh's dissent methodically, and very politely, destroys the majority's opinion. The Supreme Court knows all about balancing tests, and they could have used one. But in the two recent cases (Heller and McDonald), they didn't -- instead they used original meaning.
I mention this not only for the quality of the Kavanaugh's reasoning, but also to emphasize the importance of the judiciary to the future of liberty. Let's not forget how precarious things are at the high court. Any conservative victory depends on (1) the unpredictable Anthony Kennedy, and (2) Justice Scalia, who is no spring chicken. We desperately need a Republican in the White House so that Judge Kavanaugh (a GWB appointee) -- or someone of his caliber -- will have a chance at the High Court.
- Comment (8)
- · Quote
- · UnfollowFollow (1)
Comments :
May '10
Re: Judge Kavanaugh for Supreme Court
I ask this out of pure ignorance: who is advising each of the candidates on judicial matters? In particular, I'd like to know who has Romney's, Perry's, Newt's and Cain's ear on this subject.
Re: Judge Kavanaugh for Supreme Court
Romney formed a big judicial committee, chaired by judge Bork and Mary Ann Glendon (a great tort reform advocate). There are lots of heavy hitters on the committee. Don't know about the other candidates.
Dec '10
Re: Judge Kavanaugh for Supreme Court
The importance of the judiciary seems largly lost in this year's contest. I read a fantastic piece by Myron Magnet today that points out how important it is and how badly we've failed as a nation through the actions of the court.
May '10
Re: Judge Kavanaugh for Supreme Court
I just don't get Romney. He's obviously having trouble winning over conservative voters. On the other hand, he's signed on solid conservatives like Judge Bork. Why in the world doesn't he try to get more mileage out of this? Personally, I'm more likely to be well disposed toward Romney if Judge Bork is in his corner, especially if it forecasts his judicial nominees. He needs to give conservatives some reason to get excited about him - why so mum? Why so timid?
Re: Judge Kavanaugh for Supreme Court
King: that's a wonderful piece! Thanks for pointing it out. The judiciary is the decisive issue for me. Legislation can be repealed, but federal judges are there for life. Four more years of Obama judges will entrench the redistributionist slant of our law.
Apr '11
Re: Judge Kavanaugh for Supreme Court
James Madison and Abraham Lincoln must be looking down at all this and shaking their heads. So much power has been vested in one man, Anthony Kennedy, that the future of our constitutional rights depends on his continued good health until November, 2012.
Lincoln did not approve of the judicial activism represented by the Dred Scott decision and he sure would not approve of what has happened in the past 50 years to elevate judicial supremacism to the point where members of Congress people believe that the Constitution only means what the Supreme Court says it means.
Oct '10
Re: Judge Kavanaugh for Supreme Court
Many of us are getting accustomed to simply ignoring the courts and legislatures in the area of second amendment rights. I simply carry an unregistered gun and keep my unregistered shotgun in the living room corner.
Better to ask forgiveness than permission. I'll worry about the law AFTER I defend my family's lives. I will no longer respect a government that swears fidelity to the Constitution and then operates as a tyranny.
Jun '10
Re: Judge Kavanaugh for Supreme Court
Matthew Gilley
I just don't get Romney. He's obviously having trouble winning over conservative voters. On the other hand, he's signed on solid conservatives like Judge Bork. Why in the world doesn't he try to get more mileage out of this? Personally, I'm more likely to be well disposed toward Romney if Judge Bork is in his corner, especially if it forecasts his judicial nominees. He needs to give conservatives some reason to get excited about him - why so mum? Why so timid? · Oct 28 at 1:40pm
Completely agree. Bork (especially) and Glendon are heavy hitters and Romney should be featuring them.
Every time I think about what the left did to Bork, I get mad. Taking a walk around the block to cool off.