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Kavanaugh Investigation(s)

Rufio

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Re: Kavanaugh Investigation(s)
« Reply #45 on: October 06, 2018, 01:33:24 PM »
Another question, related to Kavanaugh’s supposed temperament issues and partisan views. Are there any examples of these being issues in his professional life, outside of when he’s being accused of gang rape in a trial of public opinion spearheaded by one of the two main political parties on national television? He has an entire legal career to see if these are actual problems.

Before all this, the ABA and a number of female left leaning lawyers came out in support of his temperament. Yesterday, Susan Collins pointed out that of the opinions he’s written, Merrick Garland only dissented once.  They usually vote the same way.

The real difference is that Kavanaugh will tip the ideological balance on a few core issues. I’m against that shift, but he’s probably better than Amy Coney Barrett would’ve been.

Rufio

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Re: Kavanaugh Investigation(s)
« Reply #46 on: October 07, 2018, 08:13:14 AM »
Ironically, the Supreme Court is about to hear a case on civil asset forfeiture:

https://www.google.com/amp/s/reason.com/blog/2018/06/18/supreme-court-agrees-to-hear-significant/amp

The practice raises major due process concerns, though in this case there’s already been an adjudication. This case is more of an Eighth Amendment “excessive fines” issue.

Kavanaugh hasn’t been very good on Fourth Amendment issues in the context of post-9/11 surveillance. However, he has written an opinion joined by Merrick Garland that limited the application of a foreign civil asset statute to require due process and a judgment before a person’s assists may be seized:

https://www.cadc.uscourts.gov/internet/opinions.nsf/1B9DC0B1D05DB6D5852578070070EC9C/$file/09-5065-1255619.pdf

Optimistically, maybe his own experience will translate into more skepticism of other due process concerns, such as police seizing assets prior to any judgment.

Less optimistically, some think he’ll become more extreme than he would have been in the absence of these recent events:

https://www.google.com/amp/s/www.bloomberg.com/amp/view/articles/2018-10-05/kavanaugh-confirmation-battle-moves-supreme-court-further-right