Category Archives: Supreme Court

Brett Kavanaugh’s Supreme Court Nomination

When I started doing this blog, besides writing about health and nutrition issues, I also wanted to include commentary on the issues of the day. But while I did post some items during the first year or so of this blog, it’s mainly been about my health and experiences with medical issues and dietary supplements. So, I will try to get some more commentary on other issues here.

For instance, President Trump has nominated Brett Kavanaugh for the Supreme Court. I would vote “Nay” on Kavanaugh if I were in the Senate.

Kavanaugh has shown that he doesn’t understand the Constitution, which includes the Fourth and Fifth Amendments. In past cases as a judge, he has written that if the government has a “special need” to search someone’s person, houses, papers or effects without a warrant as required and demanded by the Fourth Amendment, then that’s okay with him. He cites drugs and drunk driving as examples to excuse the police to search without a warrant.

However, I guess Kavanaugh hasn’t actually read the Fourth Amendment or he doesn’t understand that the Fourth Amendment doesn’t give exceptions. It doesn’t say, “except in cases involving drugs or people accused of drunk driving.” It doesn’t say anything about “special need,” or “exigent circumstances.”

Kavanaugh has also ruled on cases involving Guantanamo Bay prison in Cuba. He blindly accepts the government’s anti-terrorism strategy as a given. If he didn’t throw any case involving Guantanamo detainees out of court in which the government had no evidence against the accused and hadn’t charged a detainee with any actual crime, then he shows that he doesn’t understand due process. Everyone has a right to due process, regardless of where that individual was captured or what he is accused of.

The second aspect of this is that the U.S. Constitution doesn’t authorize the U.S. government to have a prison on any territory that is not a U.S. territory. Therefore the entire existence of this prison is unconstitutional.

And also, I thought that Donald Trump promised to “drain the swamp”? With Kavanaugh’s apparent love of bureaucracy and his unwillingness or inability to recognize that all those three-letter bureaucracies in Washington are just not authorized by the U.S. Constitution and that therefore any case involving any of those unauthorized bureaucracies should be thrown out of court and the bureaucracy’s victims (usually innocent property owners and business owners, or victims of the illicit drug war) be compensated immediately, then he just isn’t qualified to be on the highest court in America. If he is just another part of the bureaucracy, then he is a part of the “swamp.”