Brett Kavanaugh has spent his career protecting polluters, scammers, corporations, and gun sellers.

Brett Kavanaugh has spent his career protecting polluters, scammers, corporations, and gun sellers.

Brett Kavanaugh leaves the room following a meeting with Senate Judiciary Committee Chairman Charles Grassley at the U.S. Capitol on Tuesday in Washington. At Brett Kavanaugh’s Supreme Court nomination ceremony Monday night, the Trump nominee told the country little about his actual views on the law. Naturally, Kavanaugh paid lip service to textualism and originalism, the faddish interpretive theories that currently dominate the conservative legal academy. But his substantive musings were limited to a suggestion that he, like Justice Anthony Kennedy before him, would devote his career to “securing liberty.” As slight as this statement might seem, it may have been the only illuminating part of the whole Kabuki theater . Kavanaugh’s promise is entirely in line with the jurisprudence that he has laid out during his 12 years on the U.S. Court of Appeals for the District of Columbia Circuit. The judge is prone to wax poetic about liberty—then selectively apply this constitutional value in a manner that aligns perfectly with the Republican Party platform. Liberty for undocumented minors and Guantanamo detainees ? No. Liberty for predatory lenders , industrial polluters , telecom monopolies , religious employers , Abu Ghraib abusers , and assault-weapon enthusiasts ? Absolutely. Kavanaugh’s record exposes a judge eager to impose his conservative policy preferences upon the country under the guise of constitutional law. In other words, he is the perfect nominee to accelerate the Supreme Court’s slide into a new Lochner era of systematic judicial assaults on financial regulations, gun safety laws, environmental […]

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