Posted on 07/09/2018 6:51:16 AM PDT by deplorableindc
Judge Brett Kavanaugh, a finalist to be President Trump’s next Supreme Court nominee, is drawing criticism for his interpretation of the Fourth Amendment, with a prominent Republican calling his views on government call-record collection “troubling.”
Kavanaugh, a judge on the U.S. Court of Appeals for the D.C. Circuit, offered an expansive legal justification for the National Security Agency’s discontinued call record dragnet in a little-noticed November 2015 concurrence.
Privacy activists say Kavanaugh's two-page opinion is remarkable both for its legal analysis and the fact he didn’t need to write it.
(Excerpt) Read more at washingtonexaminer.com ...
Every ruling is ‘troubling” to someone.
Is/was the so called conservative named?
If not, just more fake news!
The lexicon of the lying left:
Troublesome!
Scary!
Radical!
Dangerous!
I’m conservative and having A USSC justice say it is alright to gather and keep personal cell phone call info on people if the government thinks it’s important is scary as hell. What else does he think the government should be allowed to do of it thinks it’s important for our safety? Take away our guns we could use them to start and armed rebellion. Search our cars without a warrant and probable cause, maybe do unwarranted searches lf our homes when we are at work? After all there might be stuff to find that the government could use to protect us from ourselves. If I was on the Senate committee I have some real hard questions for this man.
He wasn’t inventing law in this concurrence, he was doing what he was supposed to do with the statute and precedents he had to work with. He wasn’t there to write law but to interpret it which is what he should do. I understand that with the gridlock between the parties sometimes it seems like the only way things get done is through activist judges, but that can cut both ways and there is a question of accountability since we cannot readily throw judges out of office.
We shoot our own
Precisely
Expanding the powers of the NSA is un-American. If he did it, he’s a swamp creator and will stab normal America in the back.
"The Government’s collection of telephony metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment, at least under the Supreme Court’s decision in Smith v. Maryland, 442 U.S. 735 (1979). That precedent remains binding on lower courts in our hierarchical system of absolute vertical stare decisis."
I.e., he is following the law, not making it.
Title seems to be misleading as i saw only one who wasn’t a scholarly type..
“Among the advocates uneasy with his reasoning is Ken Cuccinelli, president of the Senate Conservatives Fund, a group that backs conservative Republican Senate candidates.
“I believe Judge Kavanaugh is an excellent judge, though certainly not a perfect one,” Cuccinelli told the Washington Examiner. “His Fourth Amendment perspective is troubling.” “
The article also mentions cruz,paul,demint had endorsed Lee but it did not address any comments about Kav. I’d have to agree with Cuccinelli about this issue but i’m not ready to throw out the baby with the bath water.
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