Thanks.
I’m really not a liberal although I sometimes side with them on social issues. Libertarian would probably be most accurate if I have to be labeled. Since I’ve seen it used for Corker, McCain, and Flake, RINO would be the most accurate if one was trying to be pejorative.
In 2007, in a class action suit, Kavanaugh wrote an opinion overruling a District Court injunction against Department of Disability Services. The case was brought by a class of individuals in DDS care who had been deemed by DDS to have “always been incapable of making medical decisions.” Essentially, the government argued that DDS had the ability to force medical care on the plaintiffs without consulting them because they were incapable of understanding what was best for them. -489 F3d 376.
The case does not contain much specific explanation of the plaintiff’s condition, probably because it’s a class action and the class was defined as people who fall within the relevant statutory definition. I disagree with the premise that the government should be allowed to decide what’s best for an individual and also question the capacity of the government to decide who is capable of understanding what’s best for them.
He has also found reasonable suspicion existed to pay down a motorist based on the fact that a driver could not provide proof of ownership or the last name of the owner of a car that had never been reported missing or stolen. 510 F3d 342
He upheld (albeit apologetically), a circuit court’s decision to use conduct for which a man was acquitted to enhance the man’s sentence. 530 F3d 920
In fairness, I did not see a dissenting opinion attached to any of these, so the other two judges on his panel agreed with K on these decisions, none agreed with me.
Again to be fair, the last of those three, on its face, is probably more to his credit in two ways: 1. he recognizes that the practice is unfair and he doesn’t like it. 2. He applies the law as he interpreted it to be at that time, rather than finding a way around it. Some of my concern is that he’s just there as a fallback plan if Trump loses immunity by congressional majority.
I recall a few others where he was the dissenting opinion and I disagreed with his dissent. I didn’t take notes or anything when I looked at this back in October and those were a little more difficult to find I’ll have to look for them and we’re moving this weekend.
Also for what it’s worth, as I recall, the major liberal bitch about Gorsuch was the Hobby Lobby case. It infringed on reproductive rights, I think the argument was. Personally, I don’t have very strong opinions one way or the other about contraception or abortion, but HL is a family owned company. He was basically saying “look, the government can’t tell a family they have to do something that violates their religious beliefs” and his other opinions that received criticism were fairly consistent with that philosophy. If I’m a liberal, I broke rank on that nomination because I thought those were fair and reasonable judgments.
There are also some Kavanaugh cases involving abortion for which liberal legal academics have criticized K and have claimed that at least one of them signals his intentions to overturn Roe v. Wade because he wouldn’t allow a detained illegal immigrant to leave detention to get an abortion. You probably won’t ever see me harping on those.