President Trump Nominates Constitutionalist for Supreme Court
The U.S. Senate with its Republican majority has approved more
than 20 judges for the nation's second highest courts. President
Trump's successful nomination and approval of Neil Gorsuch to the
U.S. Supreme Court also depended on the Republican majority in the
U.S. Senate.
Now President Trump has nominated Brett Kavanaugh to the latest
Supreme Court vacancy. Senate Democrat Leader Chuck Schumer has
already declared all-out war on this nominee. Schumer and his
left-wing allies in the Senate and in the media are attacking with
half-truths and some outright falsehoods as part of their attempt
to take back the Senate in November. The result would be no more
good nominees to the Supreme Court and other federal courts. That
why this November's election is so important.
Below see some examples how Judge Brett Kavanaugh has already
stood up against overreaching regulations.
Judge Kavanaugh has overruled federal agency action 75
times.
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In White Stallion Energy Center LLC v. EPA, Judge
Kavanaugh rejected EPA's efforts to impose massive emissions
regulations without considering costs.
o In a 5-4 decision authored by Justice Scalia, the Supreme
Court agreed.
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In Coalition for Responsible Regulation v. EPA, Judge
Kavanaugh argued in dissent from denial of rehearing en banc that
the Obama EPA's burdensome greenhouse gas regulations for power
plants exceeded its authority and that courts should "not lightly
conclude that Congress intended" to "impose enormous costs on tens
of thousands of American businesses, with corresponding effects on
American jobs and workers."
o In a decision authored by Justice Scalia, the Supreme Court
agreed.
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In EME Homer City Generation v. EPA, Judge Kavanaugh
held that the Obama EPA's cross-state air pollution rule was
unlawful and imposed excessive regulatory burdens on the
states.
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Respects Corporate Entities' First Amendment
Rights
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In U.S. Telecom Ass'n v. FCC, Judge Kavanaugh dissented
from denial of rehearing en banc in a case upholding net
neutrality. Judge Kavanaugh argued that the net neutrality rule
exceeded the FCC's authority and violated the First Amendment,
arguing that "the Government must keep its hands off the editorial
decisions of Internet service providers."
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In Emily's List v. FEC, Judge Kavanaugh struck down FEC
regulations that limited independent political spending by
non-profit organizations, ruling that the regulations violated the
First Amendment "right of citizens to band together and pool their
resources . . . in order to express their views about policy issues
and candidates."
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Mandates Accountability for Independent
Agencies
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In PHH Corp. v. CFPB, Judge Kavanaugh concluded that
the structure of the CFPB-whose single director wields massive
power but cannot be removed by the President except for
cause-impermissibly invades the President's power to supervise the
Executive Branch. He noted that independent agencies "pose a
significant threat to individual liberty and to the constitutional
system of separation of powers."
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In Free Enterprise Fund v. PCAOB, Judge Kavanaugh
concluded that provisions of the Sarbanes-Oxley Act insulating the
PCAOB from presidential control by making its members removable for
cause only by the SEC violated the Constitution.
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o In a 5-4 opinion written by Chief Justice Roberts, the Supreme
Court agreed.
Posted July 11, 2018