Judge Kavanaugh and the Supreme Court’s Second Amendment

Judge Kavanaugh and the Supreme Court's Second Amendment

President Trump’s nominee for the next Supreme Court justice, Brett Kavanaugh , will draw scrutiny from Congress and the press as he proceeds through the confirmation process. Derrick Johnson, president and CEO of the NAACP, told Al Jazeera that his organisation’s immediate call of action would be to "have its members across the USA express their views to senators in their states and urge them to oppose this nomination". But Trump campaigned on a pledge to nominate anti-abortion judges to the Supreme Court, and all potential nominees on his short list were vetted by the pro-life conservative Federalist Society. " Brett Kavanaugh is the person who initiated the thought process concerning ObamaCare to treat it as a tax", he points out. "There are a lot of people in America who still say, ‘I voted for him, I guess he’s OK.’ But when you ask them, ‘Does he need a check and balance?,’ they say, ‘Definitely’". And in a 2009 case arising out of torture at Abu Ghraib, Kavanaugh joined Judge Laurence Silberman (over a rare and powerful dissent from Judge Merrick Garland ) in barring state-law tort claims against a private military contractor, even though no federal statute required such a result. West Virginia Democratic Senator Joe Manchin , battling for reelection in a state Trump won in 2016, in a statement on Kavanaugh’s nomination, said the "Supreme Court will ultimately decide if almost 800,000 West Virginians with pre-existing conditions will lose their healthcare". "I have no doubt he […]

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Judge Kavanaugh and the Supreme Court’s Second Amendment

Judge Kavanaugh and the Supreme Court's Second Amendment

NEW YORK (FOX5NY) – Ever since declaring that handgun bans violate the Second Amendment a decade ago, the Supreme Court has refused to say which other gun control laws are constitutional and which aren’t. But gun rights advocates are hoping Judge Brett Kavanaugh – if confirmed – would help push the court back into the fray. In 2001, when Judge Brett Kavanaugh’s colleagues on the D.C. Circuit Court of Appeals voted to uphold Washington, D.C.’s assault weapons ban, he dissented. "As I read the relevant Supreme Court precedents, the D.C. ban on semi-automatic rifles and the D.C. gun registration requirement are unconstitutional and may not be enforced," Judge Kavanaugh wrote. But when the Supreme Court had the shot to decide the issue in 2015, it declined. “The magic number on the court is five. It takes five to do anything,” said Josh Blackman, a professor at South Texas College of Law Houston. And five justices, including the now-retiring Justice Anthony Kennedy, declared in 2008 that the Second Amendment protects an individual right to keep and bear arms. But since then, the court’s conservative bloc has refused to consider challenges to bans on assault weapons, public carry, and purchase waiting periods. “Justice [Samuel] Alito and Chief Justice [John] Roberts have had no opinion on those. But even if Kavanaugh’s added to the court, I’m slightly more optimistic the court takes a Second Amendment case, but it’s not fully clear to me,” said Professor Blackman. “The other thing to think about […]

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