Enter SCOTUS Brett Kavanaugh – The positives and concerns

 

Daniel Horowitz wrote an excellent piece at the Conservative Review that Mark Levin suggested reading. I made a special effort to catch Levin’s program as I was curious as to Mark’s take on the SCOTUS pick. The big concern was Kavanaugh starting the ball rolling with the Obamacare as a tax. I suggest wandering over to the Conservative Review for a balanced view and thoughts on the judiciary.

The full podcast is out there at Levin’s website and on YouTube if you want the full thing. I agree with Mark. Let’s ask some questions. Must we follow and support blindly? Or can we raise questions without feeling disloyal to Trump?

 

 

Below are some points:

Here are several concerns that conservatives should research thoroughly throughout the confirmation process and Kavanaugh’s meetings with senators:

  • Obamacare regulation as a tax: In Seven-Sky v. Holder (2011), Kavanaugh wrote a dissent opining that the individual mandate of Obamacare could not be challenged in court because, under the Anti-Injunction Act of 1867, no lawsuit can be brought until the plaintiff actually was forced to pay the tax, which in this case wasn’t for another few years. I’m a big stickler for courts staying in their lane and properly abiding by rules of standing, but in this case his entire rationale was built upon a dangerous premise that a government mandate/penalty was really a tax. This served as the basis for John Roberts’ infamous opinion upholding Obamacare.

 

  • Endless standing to rip God out of the public square: In Newdow v. Roberts, an infamous atheist sued to take the words “so help me God” out of the presidential oath of office. Aside from it being insane to suggest this violates the Establishment Clause, the notion that a random person could get standing to sue and that this is even a justiciable case violates the very essence of what distinguishes a court from a legislature. It lies at the core of what is allowing the ACLU to shut down our civilization for years with radical forum-shopped lower courts. While, in his separate opinion, Kavanaugh ruled the right way on the Establishment Clause, he held that the plaintiff indeed had valid standing to sue as “offended observers.” This is the type of nonsense that is plaguing public prayer and display of the Ten Commandments across the country. It is simply astounding for any originalist to disagree with other justices in granting such standing and is very consequential for cases that will reach the Supreme Court soon. Kavanaugh hid behind Supreme Court precedent, but admitted that the high court never directly addressed the issue of this type of standing.

These rulings taken together, Kavanaugh is essentially saying that a random atheist with an obscure and abstract claim against a presidential oath can get standing, but individuals directly forced to purchase a private product and engage in commerce couldn’t get standing.

  • Contraception as a “compelling government interest”: Almost every circuit upheld Obamacare’s contraception mandate. Like most of the originalist judges, Kavanaugh dissented from these opinions and sided with plaintiffs in Priests for Life, which is good. But what is still puzzling is that he gratuitously and explicitly conceded that the government has “a compelling interest in facilitating women’s access to contraception.” While the Supreme Court did assume that the government might have a general interest in promoting contraception, the court never assumed, much less ruled, that such an interest would apply to the narrow subset of employees at religious institutions. The fact that he didn’t join the stronger dissent from Judges Brown and Henderson – built upon the premise that the government must find a compelling interest specifically in mandating “seamless” coverage – raises concerns that we won’t see him categorically opposing the Left on these issues and joining Thomas on the court.

 

  • Immigration: Immigration is perhaps the most important issue winding through the courts now, and most of the nominees had thin records on the issue. I haven’t seen anything big on the fundamental issues of the plenary power doctrine, for better or worse. However, as we reported last year, the D.C. Circuit absurdly granted an illegal alien the right to demand access to an abortion. While Kavanaugh rightly dissented on the grounds that the opinion drastically expanded abortion jurisprudence, he declined to sign on to Judge Karen Henderson’s indispensable dissent, finally laying down the law on sovereignty and the plenary power doctrine. That was a much-needed dissent, given what is going on throughout the circuits on immigration, and it is a bit peculiar that he didn’t sign on to that dissent, while Henderson signed onto Kavanaugh’s dissent tackling the abortion angle.

Snip…

“At least he’s a lot better than the other side” is no longer good enough. If we are going to accept the premise, as the president himself did last night, that “The Supreme Court is entrusted with the safeguarding of the crown jewel of our Republic, the Constitution of the United States,” we can’t afford to settle for anything less than the best. The aforementioned concerns notwithstanding, conservatives should be happy with much of Kavanaugh’s record but should look a little deeper before jumping in with both feet.

Full thing at Conservative Review 

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Paging SCOTUS Kavanaugh – Vince Foster is calling

 

No need for me to be Debbie Downer today. Look, Hillary could be naming the candidate. There are true conservatives that I trust who think this is a fine choice.

UPDATE: I’ll give you the Judge’s opinion:

Napolitano ‘Disappointed’ at Kavanaugh Nomination, He’s ‘Heart and Soul of the DC Establishment’

 

 

So we shall see. As for myself having spent the last couple of weeks reading and listening to hundreds of pages and testimony of the primary sourced “review” of the death of Vincent Foster, I find Kavanaugh’s treatment of Foster unforgivable so all of the positive comments about him fall on my deaf ears.

Do I think he will get confirmed? Maybe, and I have no intention of piling on after this post. He is our man. He was a young guy as part of the Starr team that headed up the “review.”

He was clearly determined to make his way to the Supremes since day one. How many clerk at three circuits? The Ninth Circuit may give him trouble – a sexual harassment case against the man he was clerking for resulting in a fast recusal. It will be claimed he knew about it and did nothing.

So I leave you with an earlier post if this peeks your interest. If you want primary documents this link gets you off to a good start: Source FBI Coverup

No longer any purpose of going point by point trying to persuade you to consider the possibility that Vince Foster was murdered. That I find no excuse for Kavanaugh as head of the investigation review under Starr- yes that Ken Starr of Clinton fame, didn’t raise a finger to correct an injustice but rather subverted all attempts at including dissenting opinions from the final report. That it was court that ordered that these dissenting opinions/facts be included in the final report. The first time ever.

It’s all out there for anyone to read thanks to FOIA– I can only conclude as well as others, that the investigation had a pre determined outcome before the case was ever reviewed by Kavanaugh. After all, it was the same FBI agents who did the original investigation who did the review. The lead investigator Rodriguez was not permitted to subpoena any witnesses. He stated he resigned because the conclusion had already been reached prior to the investigation. Sound familiar?

I ask you to take a couple of minutes to look at this one video below. Look at it. Think about it. I for one am done with it.  Earlier post with a couple of links.

This is the only time in history that

an Independent Counsel was ordered by the court to include

evidence of a cover-up by his own investigators in his own Report

After the lawsuit ended, documents were discovered in the National Archives that were written by Rodriguez, including a 31-page memorandum to his fellow prosecutors in the OIC dated December 9-29, 1994 on the subject of “November 29, 1994 Meeting Concerning Foster Death Matter And Supplemental Investigation Prior to Grand Jury.”  The memorandum explains why the evidence does not support a conclusion of suicide in the park and states in its first paragraph that Kavanaugh was at the meeting.

 

At the 2004 confirmation hearing for Kavanaugh, Sen. Orrin Hatch (R-Utah) stated: “Mr. Kavanaugh served in the Office of Independent Counsel under Judge Starr, where he conducted the office’s investigation into the death of former Deputy White House Counsel Vincent W. Foster, Jr.”  A 1998 New York Times article also states that Kavanaugh “led the investigation into the death of the deputy White House counsel Vincent W. Foster Jr.”

 

Foremost a friend of Karl Rove. Brett Kavanaugh a true Manchurian candidate who played his cards right through the various circuits to this.

A protégé of Kenneth Starr, Kavanaugh played a lead role in drafting the Starr report, which urged the impeachment of President Bill Clinton.[1] Kavanaugh also led the investigation into the suicide of Clinton aide Vincent Foster. (Yes, he was young but was willing to play the game, forget the morality of it and take the hit for the swamp.)

After the 2000 U.S. Presidential election, in which Kavanaugh worked for the George W. Bush campaign in the Florida recount, Kavanaugh joined Bush’s staff,

Kavanaugh clerked for Supreme Court Justice Anthony Kennedy, as well as Judge Alex Kozinski of the Ninth Circuit and Judge Walter Stapleton of the Third Circuit. Prior to his Supreme Court clerkship, Kavanaugh earned a one-year fellowship in the Office of the Solicitor General of the United States, Kenneth Starr, during which he worked on the Whitewater investigation.

After George W. Bush became president in 2001, Kavanaugh served for two years as Senior Associate Counsel and Associate Counsel to the President. In that capacity, he worked on the numerous constitutional, legal, and ethical issues handled by that office. Starting in 2003, he served as Assistant to the President and Staff Secretary. In that capacity, he was responsible for coordinating all documents to and from the president.

Kavanaugh was the fourth judge nominated to the D.C. Circuit by Bush and confirmed by the United States Senate.

 

 

 

Former Planned Parenthood Head Richards: ‘The Future is Latina’

 

 

It might be bad enough that we taxpayers are doling out the big bucks to Planned Parenthood to do the evil work they do, but now we hear from the former head what the future holds. Oh they very much would like to have all these “wise Latina women’ running country now wouldn’t they?

A recent report has revealed that Planned Parenthood, the nation’s largest abortion provider, received over $1.5 billion in taxpayer funds from 2013 to 2015.

The report was made public last week, and the findings are astounding.

Over a three-year period, Planned Parenthood and its affiliates spent $288 million in federal funds. They also received $1.2 billion in funding from Medicaid, which combines federal and state funds.

That adds up to a whopping total of $1.5 billion in taxpayer funds from federal health programs. Heritage

 

Remember this?

Clinton pays Planned Parenthood campaign funds to ‘get out the vote’

Back to the story:

Richards: “Women are done waiting their turn or asking for permission,” she said. “We are reclaiming our time.”

Cecile Richards, the former president of Planned Parenthood, said recent wins by Latinas running for political office indicate that “the future is Latina.”

“I know you can’t tell this story enough … When she is sworn into office, she will be the youngest woman ever to be in Congress. They are proof that yes, the future is Latina,” Richards told an audience at an annual conference hosted by UnidosUS.

Richards was referencing Alexandria Ocasio-Cortez, a 28-year-old who delivered a shocking upset in last month’s Democratic primary against Rep. Joe Crowley, D-N.Y., the number four Democrat in the House.

She also noted the wins of Elizabeth Guzman and Hala Ayala, members of the Virginia House of Delegates.

Washington Examiner

 

Sunday Respite – Romantico

 

Today I chose GIOVANNI MARRADI – Romantico for a Sunday Respite. Wishing you a wonderful and peaceful day. ( A bit of an “R” rating in a small part!)

 

 

Flashback Obama: ‘What magic wand does Trump have to bring jobs back?’

 

Trump and his magic wand. This for my Flashback Saturday. Enjoy!

 

Our former community organizer never had a clue. It seems like a million years ago we put up with Obama but we did. Here are the magic words.

 

Donald Trump used his magical wand to bring jobs back to America. The United States economy is booming because of the wand and corporations have been quick to move back to America. Barack Obama unfortunately mocked Donald Trump for having “A Magic Wand” during his 2016 presidential campaign. However he was very very wrong indeed… Here are some examples from 2017 of Trump using his magic wand to bring jobs home.

 

SCOTUS lead pick Kavanaugh – Who is behind this pick and why we should be concerned

 

I admit it. I’m on a horse on this SCOTUS nominee Kavanaugh thing. Since it is becoming more and more apparent that the selection has already been made, I will draw the matter to a close here.

No longer any purpose of going point by point trying to persuade you to consider the possibilty that Vince Foster was murdered. That I find no excuse for Kavanaugh as head of the investigation review under Starr- yes that Ken Starr of Clinton fame, didn’t raise a finger to correct an injustice but rather subverted all attempts at including dissenting opinions from the final report. That it was court that ordered that these dissenting opinions/facts be included in the final report. The first time ever.

After spending hours reading and listening to reports and testimony– it’s all out there for anyone– I can only conclude as well as others, that the investigation had a pre determined outcome before the case was ever reviewed by Kavanaugh. After all, it was the same FBI agents who did the original investigation who did the review. The lead investigator Rodriguez was not permitted to subpoena any witnesses. He resigned because the conclusion had already been reached. Sound familiar?

I ask you to take a couple of minutes to look at this one video below. Look at it. Think about it. I for one am done with it.  Earlier post:

This is the only time in history that

an Independent Counsel was ordered to include

evidence of a cover-up by his own investigators in his own Report

After the lawsuit ended, documents were discovered in the National Archives that were written by Rodriguez, including a 31-page memorandum to his fellow prosecutors in the OIC dated December 9-29, 1994 on the subject of “November 29, 1994 Meeting Concerning Foster Death Matter And Supplemental Investigation Prior to Grand Jury.”  The memorandum explains why the evidence does not support a conclusion of suicide in the park and states in its first paragraph that Kavanaugh was at the meeting.

 

At the 2004 confirmation hearing for Kavanaugh, Sen. Orrin Hatch (R-Utah) stated: “Mr. Kavanaugh served in the Office of Independent Counsel under Judge Starr, where he conducted the office’s investigation into the death of former Deputy White House Counsel Vincent W. Foster, Jr.”  A 1998 New York Times article also states that Kavanaugh “led the investigation into the death of the deputy White House counsel Vincent W. Foster Jr.”

 

Foremost a friend of Karl Rove. Brett Kavanaugh a true Manchurian candidate who played his cards right through the various circuits to this.

A protégé of Kenneth Starr, Kavanaugh played a lead role in drafting the Starr report, which urged the impeachment of President Bill Clinton.[1] Kavanaugh also led the investigation into the suicide of Clinton aide Vincent Foster. (Yes, he was young but was willing to play the game, forget the morality of it and take the hit for the swamp.)

After the 2000 U.S. Presidential election, in which Kavanaugh worked for the George W. Bush campaign in the Florida recount, Kavanaugh joined Bush’s staff,

Kavanaugh clerked for Supreme Court Justice Anthony Kennedy, as well as Judge Alex Kozinski of the Ninth Circuit and Judge Walter Stapleton of the Third Circuit. Prior to his Supreme Court clerkship, Kavanaugh earned a one-year fellowship in the Office of the Solicitor General of the United States, Kenneth Starr, during which he worked on the Whitewater investigation.

After George W. Bush became president in 2001, Kavanaugh served for two years as Senior Associate Counsel and Associate Counsel to the President. In that capacity, he worked on the numerous constitutional, legal, and ethical issues handled by that office. Starting in 2003, he served as Assistant to the President and Staff Secretary. In that capacity, he was responsible for coordinating all documents to and from the president.

Kavanaugh was the fourth judge nominated to the D.C. Circuit by Bush and confirmed by the United States Senate.

Law Firm behind junk Russian Dossier behind fake hit on Jim Jordan

 

While we were out celebrating the founding of our Nation, one of the swamp’s snakes let out its evil venom in the form of an attack on Congressman Jim Jordan. MSNBC Morning’s Joe and smirkie Mika were relishing the notion this morning that one of the few stalwart defenders of liberty just might be taken out. Better yet, the snake’s nest was none other than the law firm the Democrats have been using to launder their filthy money in doing so:

 

The DC Swamp unleashed a smear campaign on Jim Jordan Tuesday morning, accusing him of turning a blind eye to sexual abuse as Ohio State wrestling coach… 20 years ago!

Rep. Jim Jordan has been hammering Rosenstein and the FBI over their corruption, Russia probe and Spygate.

The Ohio Congressman also just announced his House Speakership bid plans; he’s a Freedom Caucus founder and very popular with Trump supporters.

The law firm handling the probe into abuse allegations at Ohio State and targeting Jim Jordan is none other than Perkins Coie. Yes, the same Perkins Coie Hillary Clinton used during the 2016 election to stealth pay for her dirty, fake Russia dossier.

Last fall Glenn Simpson revealed in Congressional testimony that the Clinton campaign and Democrat Party were the financial backers behind Fusion GPS’s Trump dossier project.

The House Intelligence Committee released a 165-page transcript of testimony given on Nov. 14 by Fusion GPS founder Glenn Simpson.

Snip….

Fusion in turn hired Steele, an ex-MI6 officer who operates a private intelligence firm in London.

 

 

 

 

 

 

 

 

 

 

 

 

Barack Obama also hired Fusion GPS to investigate Mitt Romney and also hid the payments through Perkins Coie.

“As had become standard practice in the shadowy world of ‘oppo’ research, the Obama campaign’s payments to Fusion GPS were never publicly disclosed; the money paid to the investigative firm was reported on campaign disclosure reports as legal bills to the campaign’s law firm, Perkins Coie,” the book reads.

The Obama for America committee paid Perkins Coie around $3 million during the 2012 election cycle, according to filings with the Federal Election Commission, A vast majority of the payments were earmarked for “Legal Services.”

NBC reported:

Rep. Jim Jordan, the powerful Republican congressman from Ohio, is being accused by former wrestlers he coached more than two decades ago at Ohio State University of failing to stop the team doctor from molesting them and other students.

The university announced in April that it was investigating accusations that Dr. Richard Strauss, who died in 2005, abused team members when he was the team doctor from the mid-1970s to late 1990s.

Jordan, who was assistant wrestling coach at the university from 1986 to 1994, has repeatedly said he knew nothing of the abuse until former students began speaking out this spring. His denials, however, have been met with skepticism and anger from some former members of the wrestling team.

More at  Gateway Pundit

If you missed Tuesday’s post, more tomorrow:

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