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07/12/2018 / By JD Heyes
On Monday, President Donald Trump named his second nominee to the U.S. Supreme Court — Brett Kavanaugh, who is currently a judge on the all-important U.S. District Court of Appeals in the D.C. Circuit.
Why is that court more important than other federal circuit courts? Because the D.C. Circuit is where cases go involving federal rules, regulations, and laws. While all federal judges should be well-schooled in the Constitution and statutory law, D.C. Circuit judges require an extra modicum of understanding because of the subject matter of their cases — federal rules and legislation.
On that score, POTUS Trump hit a home run. Kavanaugh is reportedly a staunch constitutional originalist — that is, he has based his many decisions on what the Constitution actually says and means, as defined by those who wrote it, not what he thinks it should mean.
“Brett Kavanaugh is among the most distinguished and respected judges in the country, with nearly 300 opinions that clearly demonstrate fairness and a commitment to interpreting the Constitution as it’s written and enforcing the limits on government power contained in the Constitution,” said Leonard Leo, the Federalist Society’s executive vice president, as reported by The Daily Caller.
That’s what federal judges are supposed to do.
That’s not what Democrat-appointed judges do. They are mostly Left-wing activists who see their role not as interpreting the Constitution as written and intended, but as a ‘guideline’ and a ‘living, breathing document’ that is supposed to be malleable so that it ‘fits with the times.’
Few recent nominees to the high court embody the Left’s view more than Justice Elena Kagan, President Obama’s second appointee. (Related: SCOTUS deals major BLOW to authoritarian unions as LIB Justice Kagan whines about it.)
Born and raised in New York City, Kagan got a law degree from Harvard and completed clerkships on the federal Court of Appeals and Supreme Court. She then became a law professor at the University of Chicago Law School, leaving that position to serve as Associate White House Counsel and later a policy advisor for President Bill Clinton.
She was nominated to the U.S. Court of Appeals for the D.C. Circuit, but likely because she had no experience as a federal jurist — no bench time — her nomination expired without action after the Senate refused to give its advice and consent. She’s never been a federal judge.
Instead, she returned to the classroom, becoming a law professor and then dean of her alma mater, Harvard School of Law.
While serving in that role, one of Kagan’s ‘claims to fame’ was expelling U.S. military recruiters from the campus in defiance of the Solomon Act, a decision that was — ironically — rejected eventually by the Supreme Court following a lawsuit. She felt like the military’s “Don’t Ask, Don’t Tell” policy barring homosexual personnel from serving openly was discriminatory.
During the Clinton years, Kagan demonstrated her reliable Left-wing political preference by working on many of the scandals that plagued his administration, including Whitewater, the White House Travel Office firings, and others.
In 1993 then-Sen. Joe Biden, D-Del., appointed her as a special counsel for the Senate Judiciary Committee, where she helped to get uber-liberal Ruth Bader Ginsburg’s nomination through.
Move America Forward noted at the time of Kagan’s nomination, “Not only has Kagan never even been a judge, she has a record of being radically anti-military, most notably in her opposition to the Soloman Act,” TGP reported further.
And the Left is worried about Kavanaugh, a federal jurist with an impeccable record of doing what federal jurists are supposed to do — interpret laws as they apply to the Constitution.
Read more about radical Left-wing progressivism at LeftCult.com.
J.D. Heyes is also editor-in-chief of The National Sentinel.
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