Trump Nominates Judge Brett Kavanaugh

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President Trump announced Monday night that he is nominating Brett Kavanaugh to the Supreme Court. Trump said nominating a Supreme Court justice is one of his most profound responsibilities as president; justices are entrusted with safeguarding the crown jewel of our republic–the Constitution of the United States of America.

The President also thanked retiring Justice Kennedy for a lifetime of distinguished service. He mentioned Justice Neil Gorsuch, who replaced the “late, great” Antonin Scalia a year ago, and said his nominees were in keeping with Ronald Reagan’s legacy. Trump added that he doesn’t look at a judge’s political views, but only that a judge can set them aside to do what the law and the Constitution requires.

A Judge’s Judge

Brett Kavanaugh has a wife and two young daughters. He is a graduate of Yale and Yale Law School, and teaches at Harvard, Yale, and Georgetown. He is, according to Trump, a “judge’s judge.” Kavanaugh clerked for Justice Kennedy and served 12 years as a judge on the DC Circuit Court of Appeals. He went to a Jesuit high school and is a Catholic.

In thanking Trump for his nomination, Kavanaugh said no president has consulted more widely or sought more input than President Trump, and that he is humbled by Trump’s confidence in him.

Kavanaugh’s mom taught school at majority-black schools in the 60’s, and then became a prosecutor and a trial judge. His father also went to law school. Regarding the Constitution, Kavanaugh said,

“I revere the Constitution… An independent judiciary is the crown jewel of our constitutional republic… If confirmed, I will keep an open mind in any case.”

Here a perspective from conservative analyst Matt Schlapp, who is a friend of the nominee. Writing in The Hill he said:

“I want to hit the critics head-on. A few conservatives have raised concerns that Judge Kavanaugh will be “another John Roberts,” who sounds great but lets down conservatives in the end. Other than the fact that both sat on the D.C. Circuit (where Justices Scalia and Thomas also sat), the Kavanaugh-Roberts comparison is completely misplaced.

“When Roberts was nominated to the Court, he had a short judicial record that included few significant opinions. Kavanaugh’s 12-year record includes dozens of textualist and originalist opinions. Kavanaugh is not another Roberts; he’s another Scalia, Alito, or Gorsuch. In fact, on issues such as reining in the administrative state, he is arguably more conservative than even those three highly regarded justices.”

Kavanaugh distinguished himself with conservatives by voting against the contraceptive mandate in ObamaCare.

  • He believes that public prayer at government ceremonies is constitutional.
  • He sided with the Trump administration in the case of illegal immigrants being detained in a US facility who demanded an immediate abortion.
  • Kavanugh called the court’s decision to grant the abortions “radical,” and said the court had invented a “new right for abortion on demand.”

About the Supreme Court:

In our democracy, the whole point of the Constitution is to place some matters beyond politics and partisanship. The Court is the highest arbiter in America for every controversy that arises under our Constitution or laws. The Supreme Court has the final say. It is charged making sure all Americans have equal justice under law.

French political observer Alexis de Tocqueville once said, “The representative system of government has been adopted in several states of Europe, but I am unaware that any nation of the globe has hitherto organized a judicial power in the same manner as the Americans. . . . A more imposing judicial power was never constituted by any people.”

The Supreme Court has the authority to invalidate legislation or executive actions which it judges are in conflict with the Constitution. With this power of “judicial review” the Court assures our individual rights will be continually applied to complicated new situations.

From the 7,000-8,000 civil and criminal cases filed in the Supreme Court each year, the justices must choose which cases to hear. Its judgments are considered final, and can only be altered by either a constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislation can be drafted based on that ruling.

Pray for Brett Kavanaugh to have a swift, decisive confirmation process before the Senate. May the Lord give him the words to say and a sense of peace that passes all understanding during the proceedings. Pray for his family and for the Court as a whole. May the Lord give Donald Trump several opportunities to replace liberal/ progressives Justices with God-fearing conservatives!

2 Ch. 1:10 – Give me now wisdom and knowledge, that I may go out and come in before this people: for who can judge this thy people, that is so great?

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