DEC
2018
   LOG CABIN CHRONICLES    UPDATED
DAILY

Frank Bernheisel: The View From Here
Frank Bernheisel
spacer
spacer
Frank Bernheisel
Posted 8.24.18
Just Outside Washington

FRANK BERNHEISEL

Need to Prevent Kavanaugh potential law damage

As you know from the e-mails that I sent to our Senators, I oppose the US Senate approving Bret Kavanaugh to the Supreme Court.

The Washington Post yesterday had a story about Senator Susan Collins of Maine, who supports abortion rights, and who raised the issue with Kavanaugh their meeting on Tuesday. Senator Collins told the Post: We talked about whether he considered Roe to be settled law and she said Kavanaugh told her that he agreed with Chief Justice John Roberts, who said during his 2005 confirmation hearing that Roe was 'settled as a precedent of the court.'

Settled as a precedent of the court is a meaningless phrase as the Court becomes more conservative. For example, in District of Columbia v. Heller (2008), the Court ruled the Second Amendment to reference an individual right. Justice Scalia in writing the opinion, held: 'The Second Amendment guarantees an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.'

This reversed set precedents the Court had set in Presser v. Illinois (1886) and United States v. Miller (1939).

I am of the opinion the Bret Kavanaugh will be even less constrained by 'settled law' than Justice Scalia. My opinion was reinforced by the piece by Arthur Alschuler in this morning's Washington Post, about one ruling that Bret Kavanaugh made as a justice on the US Court of Appeals, which over turned 'settled law'.

https://www.washingtonpost.com/opinions/brett-kavanaugh-the-man-who-created-the-super-pac/2018/08/20/e6c0763c-a241-11e8-b562-1db4209bd992_story.html?utm_term=.461a2db2287b

Money is not speech but the court rulings that Bret Kavanaugh has contributed to, conflate the two. The result has been, as George Orwell indicated in Animal Farm:

Some are more equal than others.

I am opposed to Bret Kavanaugh being on the Supreme Court where he can do even more damage to settled law.

HOME   COLUMNS   FEATURES   FICTION   OPINION   POETRY   PHOTOGRAPHY