Tag Archives: SCOTUS

And it’s Coach Kavy for three points

Judge Brett Kavanaugh is a long way from the socon’s dreams of kicking Roe to the curb. He has a gold-plated resume, is judicially conservative in the best sense of that term, was in the Whitehouse on 9/11 and will be tough to defeat in the Senate. American legal beagles will have fun with some of his decisions and they are welcome to it. What I am interested in is how Trump has evolved.

Kavanaugh is a savvy pick. He’ll have all the Republicans – even the lovely lady Senators worried about Roe – and including the RINOs because of his Bush connections. He has fairly limited exposure in terms of red flags to the dwindling minority of Democrats who take Supreme Court nominations seriously. (He is, of course, Hitler to the loonies, but so would anyone Trump picked.)

Which means that, unless there is a tape of his grabbing someone’s nether parts, he’ll be confirmed and Trump will take the easy win. This is smart.

The difference between a professional and an amateur is in what they do when it is fourth down, six yards to go, on the thirty-five yard line with a 14 point lead going into halftime. Sure, you could run the touchdown play and rack up the points. But a pro will kick the field goal. It is the percentage move.

Trump has four months to the mid-terms. Winning the Senate should be fairly easy, but the House of Representatives is a bit more of a struggle. Being able to point to a string of victories – Gorsuch was a win, Korea was the beginning of a win, the unemployment rate and the worker shortage are wins, the black and Latino unemployment rates are big wins, a few days of summitry may turn up some wins – with which to build momentum. And a pro will anticipate losses – Mueller, even without an actual crime, is hurting, so are unneeded trade wars and the price of gas seems to be going up – and will understand that he has to take the hits.

But going into the locker room at halftime with a 17 point lead is way better than being ahead by a couple of touchdowns. Apparently, Trump gets that.

Winning the game means being re-elected in 2020. Being able to point to solid, confirmed, SCOTUS appointments will be a big part of that re-election campaign.

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SCOTUS is filled with lawyers, who knew?

After the absurdities of the lower divisions of the Federal Courts inventing new and better ways to ignore the law to thwart Trump, the Supreme Court rightly went back to, er, the law and the Constitution.

The merits of the case will be argued in the Fall but today’s decision suggests that the Justices take an expansive view of the President’s powers to make Executive Orders for national security purposes and a very dim view of claims to First Amendment protection advanced on behalf of unidentified foreign nationals.

The Court was, correctly in my view, silent on the question of what legal weight to give Trump’s campaign statements or tweets. I would hate to be the lawyer who has to argue before the SCOTUS that they need to be taken as determining the basis upon which the law and the Constitution should be applied.

Score another win for Trump and, hey, the rule of law.

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