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Title: Trump Giving a Fresh Look to Thomas Hardiman for Supreme Court
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URL Source: https://www.msn.com/en-us/news/poli ... urt/ar-AAzKKFb?ocid=spartanntp
Published: Jul 8, 2018
Author: MAGGIE HABERMAN, MICHAEL S. SCHMIDT and
Post Date: 2018-07-08 16:58:28 by BTP Holdings
Keywords: None
Views: 409
Comments: 12
Trump Giving a Fresh Look to Thomas Hardiman for Supreme Court By MAGGIE HABERMAN, MICHAEL S. SCHMIDT and ADAM LIPTAK 3 hrs ago © Matt Slocum/Associated Press Judge Thomas M. Hardiman, the first member of his family to graduate from college, has a personal story President Trump is said to like. BERKELEY HEIGHTS, N.J. — President Trump is expressing fresh interest in Judge Thomas M. Hardiman, the runner-up for last year’s Supreme Court vacancy, as he pushes his decision on a replacement for Justice Anthony M. Kennedy into the final hours before his self-imposed deadline of Monday night, three people close to the process said. All cautioned that Mr. Trump could go a different way before he reveals his choice in a prime-time address on Monday. He has said positive things to associates about Judge Amy Coney Barrett, a staunch social conservative, the people familiar with the process said, and he has not ruled out Judge Brett M. Kavanaugh, a former staff secretary to George W. Bush. But they said he found Judge Hardiman’s personal story to be compelling. Judge Hardiman was the first member of his family to graduate from college, and he helped pay for his education by driving a taxi. Judge Hardiman has also had an important supporter within the Trump family. He served with Judge Maryanne Trump Barry, Mr. Trump’s sister, on the United States Court of Appeals for the Third Circuit, in Philadelphia. Judge Barry recommended Judge Hardiman to her brother last year as a good choice for the court, according to two people close to Mr. Trump. Judge Hardiman has a conservative judicial record and less baggage than some of the other contenders. He has voted to expand gun rights and to restrict court challenges from immigrants. But he has not taken public positions on other legal controversies, including abortion and affirmative action. Mr. Trump is said to have pared his options down to four prospective justices, and Judge Hardiman was a late addition to the grouping last week. His status as the runner-up to Justice Neil M. Gorsuch last year had made his chances seem dim this time around. The only judge among the four whom the president appears to have all but ruled out is Raymond M. Kethledge. People close to the process said the president had found him likable but comparatively dull. And some conservatives, whose support has guided Mr. Trump’s thinking about the courts, have voiced concern about Judge Kethledge on issues like immigration. Judge Kavanaugh, who had been viewed as the front-runner, is still in contention, the people close to the process said, but Mr. Trump is struggling to get past his connection to the Bush family. Mr. Trump and Jeb Bush exchanged harsh criticism during the 2016 primary, and the president has remained suspicious about the Bushes. Judge Kavanaugh has been the subject of an intense campaign of criticism by some conservatives, who have called his decisions in abortion and health care cases insufficiently conservative. Judge Barrett appeals to the president, the people briefed said, as representing a political statement that could galvanize the conservative base. But Mr. Trump has been told by some advisers that he could choose her later, should Justice Ruth Bader Ginsburg, 85, leave the court. Senator Mitch McConnell, the top Senate Republican, has cautioned Mr. Trump that Judge Hardiman and Judge Kethledge would be the safest picks in terms of Senate confirmation, a process that may have to take place without any Democratic support. He has said the extensive paper trail that Judge Kavanaugh has left as a White House staff secretary and a judge could give Democrats a cudgel to slow the process and prevent the judge from being seated by the start of the October session of the court. People close to Judge Kavanaugh have rejected that criticism, saying that he had been included in, but had not created himself, the bulk of the documents related to his time as staff secretary. But it has given Mr. Trump a possible reason to avoid appointing someone he is not completely comfortable with. Supporters of Judge Hardiman, who turned 53 on Sunday, also say he would have an easier time getting confirmed than some of the other contenders. Judge Kavanaugh would face questioning, for instance, about his service under Kenneth W. Starr, the independent counsel who investigated President Bill Clinton. And Judge Barrett would face opposition from abortion rights groups, given her academic writings, which included skepticism about how established Roe v. Wade, the 1973 decision enshrining a constitutional right to abortion, was as a constitutional precedent. Judge Hardiman’s appointment would bring some educational diversity to a Supreme Court awash in Ivy League diplomas. Judge Hardiman attended the University of Notre Dame and Georgetown University Law Center. He left a good impression when he was a finalist last year. “People loved Tom Hardiman,” a White House official said at the time. “He was super personable.” On Sunday, Mr. Trump remained at his residence at his private golf club in Bedminster, N.J., playing golf and taking calls about the looming Supreme Court nomination. Mr. Trump is set to announce the decision at 9 p.m. on Monday. In an interview on ABC’s “This Week” on Sunday morning, Leonard Leo, one of the president’s key outside advisers on judges, said Mr. Trump was aware that his commitment to conservative judges was significant to his victory in 2016. “What drives the president in this process is that he made the Supreme Court a huge issue in the election, more than any other presidential candidate,” Mr. Leo said. “He greatly enthused voters over it, and it was one of the big factors that led to his election and holding the U.S. Senate. And so he kept that momentum going with Neil Gorsuch, and now he’s got another opportunity to do it again.” Poster Comment: If Hardiman gets the nod they could combine Taxi Driver with Night Court. LOL
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#1. To: BTP Holdings (#0)
Better him than Kavanaugh, I suppose
My limited research findings indicated that Kethledge has by far the most impressive record of the four, with more than a decade of rulings comparatively similar to Justice Scalia's for Constitution originalism of the Founders and textual constructs of Law issues. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
And I know you are good researcher. Some of us here are in that vein. Keep it up. ;) "When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke
My limited research findings indicated that Kethledge has by far the most impressive record of the four, with more than a decade of rulings comparatively similar to Justice Scalia's for Constitution originalism of the Founders and textual constructs of Law issues. Re: Conservative concerns about Judge Kethledge on issues like immigration. Breitbart.com refs. with two case examples contested by Ann Coulter here and here re: Van Don Nguyen v. Holder, 2009 and Patel v. USCIS, 2013. As far as I could discern in the Patel company's case, Kethledge joined in a decision that basically said the business didn't have standing to seek intervention by the court on behalf of an illegal alien's Visa immigration grievances and the alien would have to apply procedurally on their own through the proper channels and lower courts for any further reconsideration and appeals. In the Nguyen case, Kethledge simply ruled that a criminal alien suspect couldn't be deported for a crime of violence on an “aggravated felony” charge of grand theft auto because that's not a violent criminal classification in itself, according to the Law, unless such a theft involved a felonious assault by the accused. I don't think he ruled at all that an alien couldn't or shouldn't be incarcerated here for a conviction of auto theft. That case, though, does highlight a big difference between Kethledge and Kavanaugh on the issue of judges expanding a sentence beyond the statutory-maximum merely on "a preponderance of the evidence", as Kavanaugh has supported, rather than any sentencing-increase decision being held to the higher evidentiary standard of "beyond a reasonable doubt", as Kethledge has supported. My guess is that some RINO Republicans are probably more concerned that Kethledge would rule less like a "moderate" Liberal on the issue of immigration than Kavanaugh or Hardiman might and so he would likely be more controversial than them to quickly get through the Senate confirmation process "bipartisanly". Barrett is the only nominee who was a law clerk for Justice Scalia and she has a distinquished career in Constitutional Law but the least judicial experience, although she wouldn't be the only one of the current Supreme Court that started similarly without much as credentialed casework prior. Kethledge and Kavanaugh were clerks for Justice Kennedy, and so was Justice Gorsuch, but Hardiman was not a law clerk for a Supreme Court Justice; which isn't a requirememt but is probably useful for experience and familiarity with reapect to SCOTUS duties. More on Hardiman and Kavanaugh in a later post... ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Kennedy put the squeeze on Donald with the timing of his resignation, and Trump folded like a cheap suit, and picked the Jesuit swamp Catholic. Thanks, BTP, for your research efforts too and for everybody else's here at this fine 4um of collegiality. :) Have you seen any reports yet of President Trump's Supreme Court appointment? ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
White guy and Catholic, his players call him Coach K. Brett Kavanaugh.
Kennedy put the squeeze on Donald with the timing of his resignation, and Trump folded like a cheap suit, and picked the Jesuit swamp Catholic. What do you suppose was the rush because of Kennedy's retirement? That's not effective until July 31, 2018. Why not postpone the matter even one more day? Do you think he just wants another swing voter on the Supreme Court or the most likely nominee to vote against any SCOTUS review of Roe v. Wade issues or what? ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
It's possible that The Donald controlled the timing of Kennedy's resignation so as to boost voter turnout, and that he has a few NO votes lined up to kill Kavi's confirmation. Then after the midterms, someone decent will be nominated and confirmed. Maybe? The 5D chess theory. Brett Kavanaugh. Doubtful he's more than a Catholic In Name Only, like he also seems to be a Republican In Name Only and so much so that some Conservatives suspect he's really a Democrat. [Heavy.com ref., Is Brett Kavanaugh a Democrat or Republican?] Here's what I copied to note from Wikipedia about his Leftish leanings but has since been altered there: The entire Supreme Court is less Conservative now than Justice Thomas without Justice Scalia there. : ( In May 2006, Kavanaugh stated he "would follow Roe v. Wade faithfully and fully" and that the issue of the legality of abortion has already "been decided by the Supreme Court."[20] During the hearing, he stated that a right to an abortion has been found "many times", citing Planned Parenthood v. Casey.[20] In October 2017, Kavanaugh joined an unsigned divided panel opinion which found that the Office of Refugee Resettlement could prevent an unaccompanied minor in its custody from obtaining an abortion.[23] Days later, the en banc D.C. Circuit reversed that judgment, with Kavanaugh now dissenting.[21] The D.C. Circuit's opinion was then itself vacated by the U.S. Supreme Court in Garza v. Hargan (2018).[22] : ( ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
The 5D chess theory. Maybe you're right. : ] I'd like to think your 5D chess theory isn't a strategic impossibility, anyway. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Correction: two Australian "bioethicists", Peter Singer and one of his co-authors, Helga Kuhse. A Professor Who Argues for Infanticide - The Washington Post The most dangerous man in the world - The Guardian, UK; excerpts: In 1975, Singer published Animal Liberation, denouncing homo sapiens' tyranny over animals. ... the definition of "personhood" is a key concept in Singer's work. In Britain, since the 1967 Abortion Act, we have effectively operated a dual standard - human foetuses are denied rights and the protection of law. And yet in premature births we strive to our utmost to preserve human life. Logically, there is no real difference between the potentially disposable human material in the womb and the sacred, inviolable human rights that are conferred upon the baby at birth. Singer merely takes this one step further and argues that new-borns are not "persons" and do not, therefore, deserve the full status of legal protection. The debate on Singer's ideas almost always revolves around disabled infants, those with severe conditions such as spina bifida, but his reasoning clearly applies to any human new-born rejected by his parents for whatever reason. Since then, Britain isn't the only European country that has been moving in his direction of infanticide, euthanasia and eugenics. Peter Singer, Princeton bioethics professor, faces calls for resignation over infanticide support - Washington Times Coincidently or not, one of the potential SCOTUS nominees who wasn't selected, Thomas Hardiman, voted in a 2006 Free Speech case to strike down a federal law that criminalized videos depicting animal cruelty. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
#2. To: BTP Holdings (#0)
(Edited)
The only judge among the four whom the president appears to have all but ruled out is Raymond M. Kethledge. People close to the process said the president had found him likable but comparatively dull. And some conservatives, whose support has guided Mr. Trump’s thinking about the courts, have voiced concern about Judge Kethledge on issues like immigration.
#3. To: GreyLmist (#2)
My limited research findings indicated that Kethledge has by far the most impressive record of the four, with more than a decade of rulings comparatively similar to Justice Scalia's for Constitution originalism of the Founders and textual constructs of Law issues.
#4. To: All (#2)
(Edited)
The only judge among the four whom the president appears to have all but ruled out is Raymond M. Kethledge. People close to the process said the president had found him likable but comparatively dull. And some conservatives, whose support has guided Mr. Trump’s thinking about the courts, have voiced concern about Judge Kethledge on issues like immigration. -- article excerpt
#5. To: GreyLmist, Kavanaugh is the one (#4)
Kavanaugh is the official pick
DACA Shithole Dreamers - Make America Great Again?
#6. To: BTP Holdings (#3)
#7. To: GreyLmist (#6)
(Edited)
#8. To: hondo68 (#5)
(Edited)
Kavanaugh is the official pick
#9. To: GreyLmist, Fred Mertz, BTP Holdings (#8)
DACA Shithole Dreamers - Make America Great Again?
#10. To: Fred Mertz (#7)
(Edited)
White guy and Catholic, his players call him Coach K.
A study leveraged the ideology of judges' clerks to predict what a judge's ideological location would be if placed on the Supreme Court, with Kavanaugh predicted to be more conservative than Chief Justice Roberts, but less conservative than Justices Alito and Gorsuch,.[7] The study also found that Kavanaugh would "likely [be] the most liberal Republican-appointed judge appointed to the Court since Stevens," and in applying the average "conservative deterioration rate" of Republican-appointed justices, predicted that "after two decades [on the Supreme Court] Kavanaugh would be about where Justice O’Connor was [ideologically] when she retired," and "after three decades Kavanaugh would be more liberal than Justice Kennedy was when he retired."[49] One "derived ideology scores for the D.C. Circuit judges based on lawyers' (who practiced before these judges) perceptions of the judges' political preferences," with Kavanaugh ranked as the fifth most conservative judge on the court.[50] The same study praised Kavanaugh's "ability to toe a moderate line while ruling predominantly conservatively," as well as "his moderately conservative behavior and his high level of agreement with the other judges on the circuit."[51] The study further observed that "[c]ompared to the recent addition of Justice Gorsuch to the Supreme Court . . . Judge Kavanaugh uses less originalist and textualist language in his opinions although he is well-versed in statutory interpretation."[52] A second study attempted to measure how much those on Trump's list for the Supreme Court were like Justice Scalia, or their "Scalia-ness," with Kavanaugh ranking sixth of twenty.[53] A third study used Judicial Common Space scores, which are based not off of a judge's behavior, but rather the ideology scores of either home state senators or the appointing president, to find that Kavanaugh would likely be more conservative than Justices Alito and Gorsuch, but less conservative than Justice Thomas, if placed on the Supreme Court.[54]
Brett Kavanaugh || Opinions || Abortion Kavanugh has stated that he considers Roe v. Wade binding under stare decisis and would seek to uphold it,[20] but has also ruled in favor of some restrictions for abortion.[21][22][23]
Meanwhile, two "Professors" have been lecturing that it should be legal for babies born disabled to be killed within 28 days of birth -- like an after-birth abortion.
#11. To: hondo68 (#9)
It's possible that The Donald controlled the timing of Kennedy's resignation so as to boost voter turnout, and that he has a few NO votes lined up to kill Kavi's confirmation. Then after the midterms, someone decent will be nominated and confirmed. Maybe?
#12. To: All (#10)
(Edited)
two "Professors" have been lecturing that it should be legal for babies born disabled to be killed within 28 days of birth -- like an after-birth abortion.
1999 Refs. Last year, while I was teaching at Princeton University on the politics of journalism, a lot of class time was devoted to a debate on the appointment of Princeton's very first full-time tenured professor of bioethics, Peter Singer. ... in [their] book, Singer and his colleague, Helga Kuhse, suggested that "a period of 28 days after birth might be allowed before an infant is accepted as having the same right to live as others." ... he is telling his students to cast aside a point that Justice Harry Blackmun took great pains to make in his majority opinion in Roe v. Wade:
"The word, `person,' as used in the Fourteenth Amendment, does not include the unborn." But once born, there is indeed a person under the Constitution whose "right to life," Blackmun agreed, "would then be guaranteed specifically by the Amendment."
Princeton, with an endowment of $6 billion, is the richest university in the world - the annual undergraduate tuition fees are $24,000. Singer, already a best-selling author, clearly has a comfortable middle-class lifestyle - the average professorial salary at Princeton is $114,000
2015 Ref. More recently, in an April interview with WND’s Aaron Klein, Mr. Singer said bluntly: “I don’t want my health insurance premiums to be higher so that infants who can experience zero quality of life can have expensive treatments.”
Singer values animal life more than human life which he argues is of no quality, depending on age and fitness, etc.
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