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Trump picks Kavanaugh
- Thread starter rlvaughn
- Start date
Hillary didn't do the choosing.
Yeah, yeah, I get that.
That's a pretty low standard though.
He is a good choice because he believes in the rule of law and not in an activist court.
He ruled regarding the girls right to a government funded abortion because that is the present law. He does not believe the courts have the right to make law. He believes, correctly, that is the job of Congress.
He couldn't even rule the present law unconstitutional because the higher court had already set the precedent that Roe v Wade, and present funding law, was constitutional.
His position puts the burden right back on Congress, where it belongs. If Congress doesn't want abortions funded by government let them defund them. If Congress wants abortion illegal let them pass a law that will withstand strict scrutiny. (Or better yet, a Constitutional Amendment that life begins at conception and is vested with all rights under the Constitution, Federal Law, and State Law.)
He does exactly what a judge is supposed to do. Follow the law!
He ruled regarding the girls right to a government funded abortion because that is the present law. He does not believe the courts have the right to make law. He believes, correctly, that is the job of Congress.
He couldn't even rule the present law unconstitutional because the higher court had already set the precedent that Roe v Wade, and present funding law, was constitutional.
His position puts the burden right back on Congress, where it belongs. If Congress doesn't want abortions funded by government let them defund them. If Congress wants abortion illegal let them pass a law that will withstand strict scrutiny. (Or better yet, a Constitutional Amendment that life begins at conception and is vested with all rights under the Constitution, Federal Law, and State Law.)
He does exactly what a judge is supposed to do. Follow the law!
OK, so he's relying on Congress to make laws. But the role of the Supreme Court is to judge if the laws are constitutional.
Would Kavanaugh have voted with John Roberts on ObamaCare? That is, would he have agreed the individual mandate to have health insurance was a tax, and therefore Obamacare was constitutional?
Would Kavanaugh have voted with John Roberts on ObamaCare? That is, would he have agreed the individual mandate to have health insurance was a tax, and therefore Obamacare was constitutional?
I believe Trump picked him as a test. He should be confirmed by a few dems in purple states. If he doesn’t get confirmed, or withdraws due to the subhuman pressure that he & his family will endure, & the repubs pick up seats in the midterm, you will see a far more conservative pick. The dems will be sorry then that they didn’t vote Kavanaugh.
No. He would not have voted with Roberts. I believe Roberts was threatened with something by the deep state to get his vote. Maybe someday we will know, but we will likely never know what really happened to Scalia.
He heard the case at the Circuit Court of Appeals level. "Kavanaugh dissented against the ruling but acknowledged that the Affordable Care Act’s “individual mandate provision” could fit “comfortably within Congress’ Taxing Clause power.”
He disagreed with the final decision but admitted there was a Constitutional provision for exactly that in the US Constitution Section 8. Clause 1.
And he is right. Congress has the power to tax. And if the Republican Congress is against Obamacare why have they not defunded or repealed it in the year they have been in control of both houses of Congress?
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This is a tax in name only. This is a fine imposed at the end of the tax year if you don't buy something the government is compelling you to purchase. This is EXACTLY why the Supreme Court is needed as a check on lousy legislation. I'd call this interpretation of the mandate as a tax a big fail on Kavanaugh.
He's on his way to Nigeria to collect his share of the inheritance from the new king. On the way he's going to confirm the earth is flat from his airplane window.
He's on his way to Nigeria to collect his share of the inheritance from the new king. On the way he's going to confirm the earth is flat from his airplane window.
Well, my intent was not to make fun of him but with him.
Congress mandated the collecting of money from citizens. That is the very definition of "tax."
A tax is a levy placed on economic activity. The economic activity in this case is the government compelling a citizen to purchase a service. This service is something the person may or may not need, something that is intangible. No money is exchanged, rather the government simply collects their fee when the person files their annual taxes.
In the days of the founding of the country almost all taxes were on products via tariffs, and not on services.
Your definition of a tax is in error. When the government "collects money from citizens" for entering say, Yellowstone National Park, according to your definition, that is a tax. Not so--that is a fee. When the government collects interest on student loans that they administer that is not a tax. I'm sure there are many, many other examples.
Well, she is.
As a lower court Justice, he had to follow Roe V Wade. He can't over turn a higher court.
agree, but the bill did not say it was a tax. It was not passed in the appropriate appropriations process to be a tax. In the congressional debate on the bill, it was stated many times that it was not a tax. The job of the court is not to rewrite or fix legislation to make Constitutional.
agree, but the bill did not say it was a tax. It was not passed in the appropriate appropriations process to be a tax. In the congressional debate on the bill, it was stated many times that it was not a tax. The job of the court is not to rewrite or fix legislation to make Constitutional.