RE: Fake News: Justice Kavanaugh Would Hardly Change The Supreme Court At all

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Fake News: Justice Kavanaugh Would Hardly Change The Supreme Court At all

in fake-news •  6 years ago  (edited)

Underlying your post is the substantive issue that Brett Kavanaugh will make no difference or that such differences do not matter. I contested that view two ways:

  1. The Court is already too conservative, as suggested by most of the cases I cited, and

  2. It makes a difference, as described with a specific example in the paragraph beginning, "Each movement to the right matters."

Brett Kavanaugh is expected to be more reactionary than Anthony Kennedy on abortion rights.

Brett Kavanaugh is also expected to be more willing to allow politicians to choose their voters in 'extreme partisan gerrymandering' cases than Anthony Kennedy.

Brett Kavanaugh is expected to be less willing to uphold the ancient right of habeas corpus than Anthony Kennedy, and would swing the Court against it. In 2008, in a 5-4 decision upholding habeas corpus, Anthony Kennedy was the swing vote to keep it alive.

Brett Kavanaugh is expected to support the new Constitutional philosophy that corporations have religious rights, and may used those rights to block employees or consumers from legal protection or benefits, as was done in the Hobby Lobby case.

Brett Kavanaugh is expected to oppose the recent gay marriage rights case where Anthony Kennedy was the deciding 5-4 vote; and since this precedent is recent, he could overturn it.

Like John Roberts Jr., Brett Kavanaugh believes in a 'unitary executive' with broad powers. Brett Kavanaugh has actually written that he thinks the president is essentially above the law -- a position that he came to support after being part of the investigation of Bill Clinton.

There are a few differences.

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I never said small shifts don't matter. I said we shouldn't call a small shift a big shift.

You don't exaggerate and report an extra big earthquake to scare people into reacting "appropriately" when there's a big earthquake. You report the earthquake accurately and you educate people so that they understand the implications without any need for misinformation.

Will Kavanaugh probably be more conservative than Kennedy was? Yeah, that's the general consensus. But, not that much. In these kinds of cases, the middle is always somebody who is making a compromise between the two sides on a complex issue. If Kavanaugh is a little more conservative than Kennedy was, he'll push his compromises a little further rightward, but they will still be compromises.

Small changes to the right matter. Accurate, honest reporting matters. Is that really so much to ask from the premier newspapers in America? The truth should be enough. No need for embellishments or exaggerations.