Brett Kavanaugh

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  • IndyDave1776

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    Precedent is important when there are 2 equally valid ways to decide a case (which can be fairly frequently). Much less so when the precedent is unsound.

    Very true, especially when the precedent in question was set by an activist court totally indifferent to the text and intent of the Constitution like there was after Red Frank got done packing the court by the time of World War II.
     

    Ziggidy

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    I'd like your take (Hough's too) on some of the comments in this:

    Judge Kavanaugh and the Second Amendment - Volokh Conspiracy : Reason.com

    I am not a law guru, it's a different language to me; however, the parts I did read - I stand by my first statement; he's not my first choice - but I accept him.

    In what I read and what I skimmed, he uses language that can offer an out at a later time. He's better than what the opposition would offer. It seems that IF the Supreme Court had ruled differently ion years past, he would not have any problem with regulation.....that's what I hear.

    Now that he MAY be on the high court, he will be in the position to do what - set the stage for regulation? If in fact he sees the constitution as "it is written", then what lens can he possibly put on to see it differently? Precedents? Interesting word.

    "So my view on how to analyze the constitutional question here under the relevant Supreme Court precedents is not to say that I think certain gun registration laws or laws regulating semi-automatic guns are necessarily a bad idea as a matter of policy. If our job were to decree what we think is the best policy, I would carefully consider the issues through that different lens and might well look favorably upon certain regulations of this kind. But our task is to apply the Constitution and the precedents of the Supreme Court, regardless of whether the result is one we agree with as a matter of first principles or policy."



     

    Ziggidy

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    Very true, especially when the precedent in question was set by an activist court totally indifferent to the text and intent of the Constitution like there was after Red Frank got done packing the court by the time of World War II.

    Exactly....

    Is Brett suggesting that the constitution and supreme court precedents are to be equally considered?
     

    2A_Tom

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    I called both Donnelly's and Young's Offices today to encourage them to confirm Cavanaugh.

    The funny thing is when I asked each if they wanted to confirm I was a constituent, they both said they knew who I was.
     

    actaeon277

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    I called both Donnelly's and Young's Offices today to encourage them to confirm Cavanaugh.

    The funny thing is when I asked each if they wanted to confirm I was a constituent, they both said they knew who I was.
    That's like when the Capt. knows who you are.
    Means you've either done something fantastic, or you're a screw up.
     

    2A_Tom

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    The Captain always knew who I was. The Colonel usually knew and the General did on occasion. I was always noticeably outstanding one way or another.

    I can't remember what the issue was, but a couple of years ago there was some big 2A legislation that they were talking about and I called up everyone and was quite agitated in my opposition to it. I am thinking they may have checked to see if I might be a problem.
     

    actaeon277

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    The Captain always knew who I was. The Colonel usually knew and the General did on occasion. I was always noticeably outstanding one way or another.

    I can't remember what the issue was, but a couple of years ago there was some big 2A legislation that they were talking about and I called up everyone and was quite agitated in my opposition to it. I am thinking they may have checked to see if I might be a problem.

    Navy Capt. = Army Colonel
     

    KLB

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    Porter County
    I look forward to seeing how he responds to questions about the 4th Amendment. That is the area that gives me pause today where he is concerned.
     
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