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bradleyjgyesterday at 5:11 PM5 repliesview on HN

Kavanaugh clearly isn’t in the same bucket. His votes go either way. I don’t recall seeing a single decision this administration where either Alito or Thomas wrote against a White House position. Not just in case opinions but even in an order. I don’t think we’ve seen a justice act as a stalking horse for the president in this way since Fortas.


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legitsteryesterday at 7:12 PM

Kavanaugh strikes me as principled, but in kind of a Type-A, "well, actually" sort of way where he will get pulled into rabbit holes and want to die on random textual hills.

He is all over the map, but not in a way that seems consistent or predictable.

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brendoelfrendoyesterday at 6:39 PM

Kavanaugh votes either way, but I don't think this is out of principle... I just think he's just kind of an idiot and thinks he can write a justification for just about any of his biases without making those biases obvious. It's kind of apparent if you read his opinions; they tend to be very verbose (his dissent here is 63 pages!) without saying a whole lot, and he gets sloppy with citations, selectively citing precedent in some cases while others he simply hand-waves. Take his opinion in Noem v. Vasquez Perdomo (the "Kavanaugh stop" case): there's a reason why no one joined his concurrence.

metalliqazyesterday at 8:08 PM

His reputation will be forever tarnished by "Kavanaugh stops"

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ruszkiyesterday at 5:47 PM

You need to be cautious with the notion of “his votes go either way”. In Hungary, where I’m from, and a Trump kinda guy rules for 16 years, judges vote either way… but they vote against the government only when it doesn’t really matter for the ruling party. Either the government wants a scapegoat anyway why they cannot do something, or just simply nobody cares or even see the consequences. Like the propaganda newspapers are struck down routinely… but they don’t care because nobody, who they really care about, see the consequences of those. So judges can say happily that they are independent, yet they are not at all.

This fake independence works so well, that most Hungarians lie themselves that judiciary is free.

zeroonetwothreeyesterday at 5:42 PM

Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled.

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