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March 6, 2019, 02:51 PM | #1 | ||
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Join Date: December 13, 2005
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Kavanaugh's certiorari statement may be a roadmap for 2d Am. activity
Since Kavanaugh was sworn in, the court has denied cert in a couple of cases involving free exercise and free speech. With those denials came statements about the reason for the denials - the cases weren't factually clear or certain in a way that would lead to clear analysis and decision. Yet, in both statements there was an expressed willingness to enforce a new precedent (here Trinity Lutheran, allowing playground funds for a religious school) once the case law had developed more.
Also encouraging, the statements noted the misapplication of Sup. Ct. cases by the court from which appeal was sought. Quote:
In his statement in the Morris County denial, Kavanaugh noted, Quote:
Just as important for a development of a line of Heller/McDonald based cases, the pertinent block didn't proceed on weak facts, but announced the sort of argument that could find an audience in a future court.
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March 9, 2019, 12:44 PM | #2 |
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Thanks, I am not a lawyer and don't understand all that much about what they wrote but I will take your word for it that this is a good thing. Sounds to me like maybe Brett Kavanaugh is signaling a willingness to challenge status quo on some of these Constitutional issues?
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March 9, 2019, 04:06 PM | #3 | |
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Quote:
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March 9, 2019, 09:15 PM | #4 |
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Or using the denial of cert to lay out the circumstances where they think they have the fifth vote
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March 9, 2019, 11:21 PM | #5 |
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Join Date: April 11, 2013
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Kavanaugh is a brilliant legal mind, much in the same mold as Scalia.
His decisions will come on cases where he can issue a ruling that probably cannot be challenged in the future. I believe that history will consider him one of the finest legal scholars of the century.
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