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If it is confirmed, President Trump's Supreme Court candidate, Brett Kavanaugh, will rank just after Judge Clarence Thomas as the second most conservative member of the court
Why That Matters: Kavanaugh's confirmation will change the court for a generation, impacting decisions on topics such as gun rights, health care, social issues and more. His court record, however, indicates that he may not be as reliably conservative as many Republicans are hoping.
Axios Health Care
From Sam Baker:
- "The most important Kavanaugh decision related to the ACA concerned the individual mandate, contrary to what some of its critics have hinted. "
- " The second case dealt with a more far-fetched challenge: it was aimed at invalidating the ACA because the Senate had written most of it. .. The original clause of the Constitution says bills that increase revenues must come from the House and not from the Senate. "
- " Such Senate amendments are permitted under the text clause and precedent, "wrote Kavanaugh. But he said that an earlier ruling had upheld the law for the wrong reasons – and that his court should reconsider that decision. He lost
Ben Geman's Environment
From Axios:
- Kavanaugh "will not be inclined to give broad latitude to federal agencies by imposing climate and environmental regulations."
- "Long-time lawyer David Bookbinder tells Axios that according to his calculations, Kavanaugh has been involved in six climate change cases, and in five of them he has adopted a "Close" vision of the EPA's regulatory authority.
- Former Obama official Jody Freeman told Ben in an email: "I'm not sure that he is so different from Judge Kennedy on this point … can we expect decisions that will protect the EPA a little bit? We would expect that a judge Kavanaugh badures that the EPA and other agencies "stay in their way" so to speak. "
Freedom of the Press
From Sarai Fischer of Axios: [19659015] "Kavanaugh … is a constitutional conservative that some jurists argue with conservatives by supporting cases of corporate freedom of expression. "
Privacy
From Sha of Axios nna Vavra:
- "Kavanaugh's been held behind government surveillance without warrant in the past, including the NSA surveillance operation that former contractor NSA Ed Snowden exhibited in 2013. "
- The metadata collection program is fully compatible with the fourth amendment. [Traduction]
- "Kavanaugh also issued a dissenting opinion on the court's decision in 2010 about authorities who were placing a GPS on a suspect's car without a warrant." Kavanaugh said the suspect did not have a reasonable expectation of privacy in his public movements. "
Abortion
According to NBC," Kavanaugh's record of public comments and legal decisions on abortion rights is relatively thin. "
- Senator Chuck Schumer in 2006 on the question of Roe v. Wade: "If confirmed on the DC circuit, I will follow Roe v. Wade faithfully and fully." In October, when an undocumented teenager pregnant wanted an abortion, Kavanaugh wrote in his dissenting opinion that "the court erred in concluding that she had the right to" an immediate abortion upon request ". […] He said that delaying the process until it could be released to a US sponsor would not impose an undue burden on the right to abortion, NBC reports.
Executive Power
Kavanaugh has "constantly [sided]" He called for restructuring the government's consumer oversight agency so that the president could dismiss the director and was one of Main Defenders of the Government's Position When It's About "
Regulations
Kavanaugh "has often been skeptical of government regulations," reports the Wall Street Journal. "And he pleaded for greater judicial power"
- He was "open to the use of the First Amendment to abolish government regulations."
- His career on The DC circuit was "marked by dozens of"
Corporations
Politico reports that business groups were called Monday by the White House "to help push its confirmation".
- The White House, in a document sent to business groups, "wrote that Kavanaugh overturned federal regulators 75 times on cases involving clean air, consumer protection , net neutrality and other issues "reducing the power of independent federal regulators."
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