Comment by bradleyjg
4 days ago
Kavanaugh clearly isn’t in the same bucket. His votes go either way. I don’t recall seeing a single decision this administration where either Alito or Thomas wrote against a White House position. Not just in case opinions but even in an order. I don’t think we’ve seen a justice act as a stalking horse for the president in this way since Fortas.
Kavanaugh votes either way, but I don't think this is out of principle... I just think he's just kind of an idiot and thinks he can write a justification for just about any of his biases without making those biases obvious. It's kind of apparent if you read his opinions; they tend to be very verbose (his dissent here is 63 pages!) without saying a whole lot, and he gets sloppy with citations, selectively citing precedent in some cases while others he simply hand-waves. Take his opinion in Noem v. Vasquez Perdomo (the "Kavanaugh stop" case): there's a reason why no one joined his concurrence.
Kavanaugh strikes me as principled, but in kind of a Type-A, "well, actually" sort of way where he will get pulled into rabbit holes and want to die on random textual hills.
He is all over the map, but not in a way that seems consistent or predictable.
His dissent in this case was basically "Don't over turn the tariffs because it will be too hard to make everyone whole" Which doesn't strike me as "principled" at all.
Wasn't it JFK who said "We choose to Not do these things bc they're kinda hard actually"? /s
That is not the thrust of his argument; he believes they were legal. I don't think we need people spreading this uninformed meme all over HN.
This is nonsense, and the same nonsense as we heard in the insurrectionist ruling. Allowing fascism "Because it's inconvenient to do otherwise" is bonkers.
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His reputation will be forever tarnished by "Kavanaugh stops"
That the the four sexual assault allegations (Thomas had "only" one during his nomination):
* https://en.wikipedia.org/wiki/Brett_Kavanaugh#Sexual_assault...
You need to be cautious with the notion of “his votes go either way”. In Hungary, where I’m from, and a Trump kinda guy rules for 16 years, judges vote either way… but they vote against the government only when it doesn’t really matter for the ruling party. Either the government wants a scapegoat anyway why they cannot do something, or just simply nobody cares or even see the consequences. Like the propaganda newspapers are struck down routinely… but they don’t care because nobody, who they really care about, see the consequences of those. So judges can say happily that they are independent, yet they are not at all.
This fake independence works so well, that most Hungarians lie themselves that judiciary is free.
Well under that theory, this would have been a good time for Kavanaugh to go against Trump, since his vote didn't matter.
Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled.
In major case, sure. But every last emergency petition? I don’t think so.
> Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled
Very respectfully, there is no comparison between Trump and Biden in this respect. Indeed, the court adopted a new legal concept, the Major Questions Doctrine, to limit Biden continuing the Trump student loan forbearance.
The Major Questions Doctrine has been a thing for decades:
https://en.wikipedia.org/wiki/Major_questions_doctrine
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