Sunday, October 7, 2018

The U.S. Senate Confirms Brett Kavanaugh For The U.S. Supreme Court

The republican controlled Senate on a 50-48 vote  confirmed President Trump's nominee Brett Kavanaugh for a seat on the United States Supreme Court.  Will the vote put an end to the issue, fuel other protests or continue the debate and divide the country.  Will the legal profession who took the position that Kavanaugh disqualified himself with his out bursts and accusations at the September 27 hearing and will they continue to express their concerns.

Will Kavanaugh be a tainted Supreme Court Justice that ends a judicial system that is overall thought to be fair and respected.  This writer thinks the big question will fall to the present four so called conservative justices including the chief Justice John Roberts.  Will one of the four be a true conservative and not let the court be swayed by Kavanaugh's extreme views about the constitution.  It would only take one conservative vote to break away from Kavanaugh's views to keep him in check and keep the court's decisions truly in line with the constitution.  This writer believes there has to be a conservative on the court who understands what Kavanaugh's extreme views could do to the court's image and would not let Kavanaugh's views remake the court in his own image.

Although conservatives on the court today do not compare to the ones before the Gingrich era which served the country well with the democratic party, there still has to be one today on the court who puts America first.  The four most talked about decisions by the Supreme Court in the last 64 years were:  Brown vs. Board of Education;  Miranda;  Roe vs. Wade; and the Affordable Care Act.  All four decisions were led by republican appointed chief justices who voted with the majority.  Those conservative justices put the constitution and facts first above the politics of their party.  That should be a clue to the conservatives who sit on the Supreme Court today and how to deal with Kavanaugh.

Note:  Brown vs. Board of Education ended public school segregation in the 1954 decision.  The vote was 9 - 0.  Chief Justice Earl  Warren was appointed by President Eisenhower and voted with the majority.

The Miranda decision gave those arrested the right to remain silent in a 1966 decision.  The vote was 5-3.  Chief Justice Earl Warren voted with the majority.

Roe vs. Wade  (The abortion decision) was decided in 1973.  The vote was 7 - 2.  Chief Justice Warren Burger was appointed by President Nixon and voted with the majority.

The Affordable Care Act:  Up held by the Supreme Court in 2015 and was found constitutional.  The vote was 6 - 3.  Chief Justice John Roberts was appointed by President George W. Bush and voted with the majority.


This commentary written by Joe Lorio


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