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Tuesday, October 09, 2018

Kavanaugh gets a win on his first day as a justice

Well, that was quick. Justice Brett Kavanaugh began his job today. They gave him Monday off for a paid holiday even though he was just starting the job.

Today, He heard a bunch of lawyers yak away. Boring.

But the court made news by what it didn't do. The court refused to hear an appeal of a D.C. Circuit ruling that -- shockingly -- limited what the Environmental Protection Agency can do.

Guess who wrote that opinion?

Of course, Kavanaugh wrote the D.C. Circuit ruling. If it were written by Gregory G. Katsas no one would care.

The justices turn down most appeals.

But this denial of an appeal was telling. In the opinion, Kavanaugh wrote, "However much we might sympathize or agree with EPA’s policy objectives, EPA may act only within the boundaries of its statutory authority."

And that is the real problem Democrats have with the five Republicans justices from Clarence Thomas through Kavanaugh. The five-man majority believe Congress should write the laws -- not the courts or the bureaucracy.


That would mean the congressional critters would have to do something. They would have to take a stand on whether the Constitution allows the federal government to regulate puddles.

Better to bury that sort of thing in the Federal Register where it will never see the light of day.

At issue was an EPA demand that manufacturers stop using Hydrofluorocarbons -- HFCs -- in refrigerators and air conditioners. The argument was other compounds won't bring on global warming

In the 1980s, the EPA demanded they switch from halons and chlorofluorocarbons to HFCs because of global cooling.

Think Progress reported, "HFCs have become increasingly abundant in Earth’s atmosphere. For example, between 1978 and 2005, atmospheric concentrations of HFC-23 increased from about 3 to around 18 parts per trillion."

Well duh. You required it.

By the way if 18-millionths of one part per million can destroy the planet then Earth is one giant snowflake that deserves oblivion.

Kavanaugh, wisely, did not get into any of this. He simply applied the Constitution to the presidential mandate and found that Congress decides, not Obama.

Dianne Feinstein should introduce the No Hydrofluorocarbons Act.


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  1. "And that is the real problem Democrats have with the five Republicans justices..."

    And here on display is the problem. Partisans are incapable of doing their jobs as officers of the court--the rubes could never wrap their pea brains around such a concept. The same principal around recusal confuses them. These are the folks who believe there are "Republican Justices".

    Kavanaugh has confessed to his partisanship. He got squeezed a little for his past personal behavior and he squealed "Clintons"--much like a blogger or AM radio hack.

    His partisanship disqualifies him with any consideration for being a rapist or a drunk.

    1. Nony Nony boo boo
      Stick your head in doo doo

      I figured he’d understand that, ‘cause his post is the ravings of a lunatic.


    2. Squeezed a little? When the Ozark Mafia was faced with facts, not lies, they went running to the press talking about a vast right wing conspiracy (would that it were true then).

      Kavanaugh was faced with phony charges of rape - the sort of thing that has sent men to the hoosegow for 20 years before the truth came out.

      And he has not confessed to anything. Idiot must be thinking of Hillary and her bon mot today.

      Can't wait to hear this jerk the next time a high profile Demo gets caught spelunking in somebody else's cavern.

    3. Anonymous: You mistake his partisanship, which would be his political leanings and how he votes, with his judicial philosophy, which is Originalist. While there is no doubt he has political leanings, his entire history of judicial decisions shows these are left at home when he enters the court.

      Your own statement, "Partisans are incapable of doing their jobs as officers of the court" is laughable when you apply it to Kananaugh. Your statement would require disqualification for every activist judge, currently exemplified by the likes of: the wise(sarc) latina (a racist remark if there ever was one); the non-recusing Kagen (involved in the writing of nO-Care); and the hopefully so-to-be-gone RBG. These three have instigated obvious partisan actions in the high court. Kavanaugh has a history of removing politics from his opinions/decisions, as shown by the adoptions of several of his dissents in SCOTUS decisions, including acceptance of those dissents by "liberal"/activist justices.

      Please try harder to make a valid point in the future.


  2. I for one think Feinstein should put back for a JAG Lawyer.

    1. Mebbe said JAG officer will recommend throwing herself on the mercy of the court. Given her activities for last 20 years, it would be a mercy to hang the b****. Certainly for the country.

    2. ChiDiLyinSpyinSwine needs a hag lawyer.

  3. He won’t get taaaaaahhhhhhred of winning.

  4. I just love hearing the Lefties whine.

    All sour grapes.

  5. The standard for review by the Court is four votes; thus the EPA argument fell flat with at least one of the liberals (likely Kagan).

  6. This is the real reason the Democrats are furious at the appointment of Kavanaugh: for decades the Leftists have used the judiciary like a hammer to push through their agenda. Now as the court starts to lean rightward they can no longer use the judiciary as an end run around the legislature.

  7. Bucky sez: 18 parts per TRILLION is abundant?

  8. Did not matter whether Kavanaugh abstained or voted against the opinion. Four votes grants cert. That means at least one of the lefty judges agreed with Kavanaugh's opinion.

    Not that Kavanaugh did not appreciate his opinion being upheld, but it was not his vote (unless he felt like granting cert on an opinion he wrote) that tipped the balance.

    1. That's possible, but it's also possible that the liberals realized that if they voted to grant cert, the S. Court as a whole would rule against the EPA. Better to let sleeping dogs lie with a lower court opinion.

    2. As it is, the earlier decision is hateful as EPA HQ is in DC, and the suit involved the complete agency, they are bound by the decision countrywide.

  9. The SC is how the Deranged Dems have been winning the culture wars, legally. This will slow down mightily, now. It might even start receding ... but not like the oceans under Obama.