Lots of reactions this morning to President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court.
First up, Jonathan Adler of The Volokh Conspiracy offers up an overview of Kavanaugh’s career (including links to his decisions):
Judge Kavanaugh is widely respected on the Supreme Court. Many of his clerks go on to clerk at One First Street. More importantly, his opinions attract notice from the justices. Several of his dissents have been vindicated by subsequent Supreme Court decisions. His dissents showed the way for the Court in Michigan v. EPA (White Stallion Energy Center v. EPA concerning mercury emissions), UARG v. EPA (CRR v. EPA concerning GHG emissions), Free Enterprise Fund v. PCAOB (concerning separation of powers), and D.C. v. Wesby (concerning qualified immunity). And even when certiorari was granted, Judge Kavanaugh’s dissents have been noted in subsequent Supreme Court cases (as in Lexmark International v. Static Control Components which favorably cited Kavanaugh’s dissent in Grocery Manufacturers Association v. EPA). This suggests other justices will take the new junior justice’s opinions quite seriously, especially on administrative law.
(Hat tip: Instapundit.)
Second, Kavanaugh is also a strong believer in the Second Amendment. From his 2011 Heller v. District of Columbia (the follow-up lawsuit to the original Heller decision) dissent:
In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles. 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. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.
(Hat tip: J.J. Sefton at Ace of Spades HQ.)
Democratic Senator Chris Murphy of Connecticut gave Kavanaugh what amounts to a strong endorsement on that very subject:
"Brett Kavanaugh is a true Second Amendment radical."
This is about the best endorsement you could have given him. https://t.co/yJ9BZPOOxW
— Ryan Saavedra 🇺🇸 (@RealSaavedra) July 10, 2018
Respectable liberal Alan Dershowitz endorsed Kavanaugh as well: “He has a lot of support from centrist academics. He is regarded as a very scholarly, very smart person. I probably will disagree with many of his opinions, but it’s hard to question his qualifications for the job.” (Hat tip: BigGator5.)
Via Stephen Green at Instapundit comes this list of top six unhinged reactions to the Kavanaugh nomination. I especially liked the Women’s March drafting their blurb on what an extremist whoever Trump picked for the court was, then just leaving “XX” instead of inserting Kavanaugh’s name when they sent out the press release…
Finally, liberals want you to know that the Federalist Society and Opus Dei are evidently the same thing. Maybe somebody should explain to them the difference between real life and a Dan Brown novel…