Is Brett Kavanaugh the Best of the Best?

by: Brent Smith at the Common Constitutionalist

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Supreme Court Justices are said to be the best of the best. This should make a President’s selection relatively easy.

Brett Kavanaugh may end up being that guy. And therein lies the rub – the fact that he “may” be the one – or he may not.

So why do I say this should be an easy job for any President? Let me lay it out.

A President compiles a list of candidates, which Trump did. He should then take a look at the Justices job description and make his selection from candidates that best fit the description.

In short, the supreme Court job description is what the oath of office describes. There are two oaths of office a Justice make choose to recite.

The first, and truncated version, is the traditional oath (albeit updated in 1990), which reads: “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.” read more

A Constitutionalist’s Take on Supreme Court Nominee

from Conservative Review:

Putting Kavanaugh in perspective: The positives and the concerns

Who would have thought that in 2012 we’d nominate the godfather of Obamacare to run against Obama in the presidential election? Probably the same person who would have predicted Trump would nominate the man who crafted the foundation of Roberts’ “Obamacare is a tax” premise on the lower court. Yet here we are, with Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit as the next Supreme Court nominee. He’s undoubtedly much better than the man he is replacing, but he’s unlikely to be the Clarence Thomas we need at this juncture.

Kavanaugh was always considered the front-runner from day one by the D.C. legal elites. Mike Lee was never seriously considered. I’m all for moving Kennedy’s seat to the right, but if the legal elites in the Republican Party will do nothing to fight judicial supremacy other than “appoint good judges,” shouldn’t we find the best? read more