Here's my latest #SCOTUSnominee post, analyzing 5 key issues likely to confront Judge Brett Kavanaugh as he proceeds through the #SCOTUS confirmation process. http://bit.ly/2Jnxm6y - #SCOTUSpick
I’m aware of @RandPaul’s concerns w/Kavanaugh - I wrote about them in an earlier post - but Paul won’t be the one to stop confirmation. If he sees the votes are there to confirm w/o him, then he might vote no, but he won’t vote no if it all turns on him.
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A failed nomination early enough (and after Kennedy's resignation goes into effect at the end of the month) doesn't risk the seat—the Republicans can confirm Barrett or Kethledge before the next Congress—and it seems odd that Senator
@RandPaul would sacrifice his signature issue. -
https://www.bloomberg.com/news/articles/2018-07-14/trump-says-he-understands-why-women-fear-u-s-abortion-reversal … FYI, David. Rand Paul is far from a "yes" on Judge Kavanaugh. He is citing Klayman v. Obama, as I said he would.
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Interesting; thanks! I suspect some of this is posturing for publicity & that
@RandPaul will vote yes in the end - but it’s possible he could vote no or abstain if it’s clear there are enough votes to confirm Kavanaugh to#SCOTUS without him.#SCOTUSnominee -
It's possible he votes in favor, but not preponderantly likely. An opinion in a denial of rehearing en banc is rare. A judge usually writes one to suggest to the Supreme Court how to rule. In Judge Kavanaugh's—joined by no other D.C. Circuit judge—he strayed far beyond precedent.
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Judge Kavanaugh's conclusion that collection of (so-called) metadata under Section 215 is no Fourth Amendment search is well grounded in then-existing high Court precedent. But Judge Kavanaugh went much further, arguing that even if the collection was a search, it was reasonable.
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After purporting to apply high Court precedent in concluding that no Fourth Amendment search occurred, Judge Kavanaugh then extended "special needs" precedent in concluding that the warrantless metadata collection was reasonable. In support, Judge Kavanaugh cited no record below.
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Courts had never considered extending the "special needs" exception, applied in cases such as ones approving of DWI checkpoints, to nationwide mass surveillance. Instead of citing the record developed by the able Judge Leon below, Judge Kavanaugh cited the 9/11 commission report.
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https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0851-48 … Judge Leon gave the government a chance to seek submission of classified evidence in camera on how effective Section 215 collection actually had been at foiling terrorist attacks. (n.65.) The government refused, leaving Judge Kavanaugh to rank speculation.
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