Don Crawford

Don Crawford

President of Crawford Broadcasting and the voice of the STAND Podcast

SCOTUS:The Next Trump Nominee – Brett Kavanaugh Part 2

Brett Kavanaugh will be confirmed by the United States Senate as the next and ninth Supreme Court Justice of the United States.”

The words of Senate Majority leader Mitch McConnell who has vowed to make the confirmation of the nominee happen.

Kavanaugh is Roman Catholic. He serves as a regular lector at his Washington, D.C. church, THE SHRINE OF THE MOST BLESSED SACRAMENT. He has voluntarily helped to serve meals to the homeless as part of the social programs of his church. Kavanaugh has tutored at the Washington Jesuit Academy, a Catholic private school in the District of Columbia. He sits on the Board of Directors of the Academy and is as well is a Director of the J.O. Wilson Elementary School.

Here comes trouble. You remember what the radical-progressives in the Senate and on the committee which reviewed Amy Coney Barrett, she a Notre Dame law professor who was skewered by senators like Sanders and especially Feinstein because, of all things, she was Roman Catholic and taught at Notre Dame University. If, in Feinstein’s famous words, “The dogma (Catholic) runs deep.” In her, look at the Catholic background of Brett Kavanaugh and we can only imagine what the hearings will be like and how venomous the anti-Catholic rhetoric will be. Most Americans will see the Christian Catholic character of Kavanaugh as a real asset. But, not these radical-progressive Senators who will do whatever they possibly can to derail the nomination.

Kavanaugh is the husband of the former Ashley Estes who at the time they met and dated was the personal Secretary to President George W. Bush. They married and are the proud parents of two daughters, a strong family unit. Another asset for this good man most Americans think and I would assume you do as well. We the people, our great country and the Supreme Court will get a First Class human being in the ninth chair of SCOTUS.

Ironically, Kavanaugh was a clerk to Supreme Court Justice Anthony Kennedy who thinks very highly of Kavanaugh and his judicial philosophy. Brett Kavanaugh is cast in the mold of Antonin Scalia, something which liberal-radicals eschew which of course brands him as a conservative justice. If, or rather when he is confirmed as Senator McConnell promises, there would be five essentially conservative justices on the court and four liberal. Kavanaugh, only 53 years of age, could well serve 25-30 years and skew court decisions to the right, something of great pleasure to conservatives.

Kavanaugh has openly indicated that, as justice, he is committed to the complete “defense” of the Constitution. In short, he is a Constitutionalist who believes that like Scalia before him, judges should interpret the law and not make it. Kavanaugh also has great respect for other laws and legislation which he indicates should be given every benefit of the doubt since they were made by the people and their legislatures. He is a defender of federalism which acknowledges and honors the sovereignty of each of the 50 states and the powers reserved to them and the people in the 9th and 10th Amendments of the Constitution. We who love and abide by the Constitution are delighted to know that.

Kavanaugh is dead set against what liberals term as evolutionary jurisprudence of Constitutionalism. That is, the Constitution is as much guide as black and white law and should EVOLVE as the times require and as liberal judges would determine. Nothing can be worse, thinks Kavanaugh, than five judges interpreting the Constitution as they wish and the judgment and decision making of those five then become the law of the land. Not going to happen, you might say, “on his watch.”

Kavanaugh is what is termed a TEXTUALIST. That is, the law as written should be fully applied as written and only interpreted if in fact there is either vagary or ambiguity. Otherwise, THE LAW IS THE LAW. Leave it alone and let it work.

And Kavanaugh is an ORIGINALIST. That is, the Constitution of the United States should be applied in its original form and in the context the founding fathers intended. If this wonderful document needs change, he says, then the Constitution should be amended by three quarters of the states in our union and not through the interpretation of judges. Textual and original. Sounds good to me. How about you?

Kavanaugh like Scalia is a great believer in freedom. The courts should do everything possible to protect and defend the freedoms conferred upon the people by the Constitution and especially by the Bill of Rights, and the first 10 Amendments, especially the First Amendment. Those freedoms must be guarded carefully and kept UNABRIDGED. No court and no government agency, especially the Congress should ever even attempt to take away any of those freedoms. A great Constitutional philosophy, don’t you think? That is especially so for people of faith.

Kavanaugh is a man of excellent intelligence with a keen understanding of the law. His opinions, as written for the District of Columbia Court of Appeals, one of the most influential in the country, have been adopted at least eleven times by the SUPREME COURT itself. His thinking, his reasoning and the eloquent way in which he presents both have already impacted the Constitutional law of our great country. That bodes well for his decision making and his opinion writing as Supreme Court justice.

Now comes the attack on Kavanaugh, the conservative, by the progressives-liberals, attacks which threaten Kavanaugh with respect to any decisions by the Supreme Court which would overturn Roe v. Wade. Liberals are determined to protect the so-called right to abortion which has been the law in our country for some 45 years. And the very same with the gay marriage decision of recent vintage which became the latest CONSTITUTIONAL RIGHT found somewhere by five members of our Supreme Court. To such a charge, Kavanaugh stated that he considered ROE V. WADE binding under the principle of STARE DECISIS and would, no matter his personal beliefs, seek to uphold the ruling of the higher court. He would, he clearly stated, “follow Roe v. Wade faithfully and fully” since the issue of the legality of abortion has already “been decided by the Supreme Court.” And the same with gay marriage, fully decided by the Courts of Appeal and finalized by the U.S. Supreme Court. Stare Decisis, issues already litigated and decided upon, been there done that, would be upheld by him and presumably other Supreme Court justices should either issue rise up again for Supreme Court determination.

But Kavanaugh also made it clear that he thought much of ObamaCare was illegal. Whether under the Commerce Clause or the taxing clause of the Constitution, either one, ObamaCare was in his view completely unconstitutional and should have been overturned by the Supreme Court rather than affirmed. In that sense, he would disagree with Chief Justice Roberts which could produce healthy debate and independence as critical decisions arise. Kavanaugh, like Kagan, Sotomayor and Breyer on the liberal side, would be a justice true to his Constitutional beliefs, independent from the pressure of any court majority as the liberal justices are.

President Trump said the following of Kavanaugh:

Throughout legal circles, he’s considered a judge’s judge. He has one of the sharpest legal minds of our time.”

This is a man who ran the Boston Marathon twice finishing one such 26.2 mile endurance race in under four minutes, a great feat. The Boston Marathon will pale in comparison to the Marathon that Kavanaugh will now begin to run before the U.S. Senate. Those of us who think he is the right man for this critical position hope and pray he has the endurance to finish the race. I can only wonder what the quite liberal Yale Law School thinks of the Kavanaugh nomination especially since he may be a proud product of that law school, but lapsing into disfavor because of his conservative views.

One Doug Gansler, the former Democratic Attorney General of Maryland and a friend and Yale classmate of Kavanaugh’s said of him the following:

In terms of his actual daily life, he’s a guy that does not live in a conservative bubble. He has liberal friends and spends time talking to his liberal friends about a variety of issues. But make no mistake about it, he’s a conservative guy.”

So, we the people who are conservative, Constitutionalists and people of faith can only hope that this good man is confirmed by the Senate and once again completes the appointment and functioning of all nine justices. Kavanaugh I do firmly believe is the right man for the right job at the right time. Watch the hearings carefully my fellow Americans. They will probably be brutal, vicious, but revealing of the thinking, tactics and radicalism of the Kavanaugh opponents. Hopefully and prayerfully, the nomination prevails. WHAT DO YOU THINK?

Won’t it be fascinating if there is another death or retirement by yet another Supreme Court justice and President Donald John Trump appoints yet a third justice?

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