Kavanaugh Is The Wrong Choice To Check Autocratic Power

Law360 (July 31, 2018, 2:19 PM EDT) -- In light of the U.S. Supreme Court's ruling on President Donald Trump's travel ban, confirmation of Brett Kavanaugh for a seat on the high court could hasten the demise of our imploding democracy. The Supreme Court’s travel ban decision not only failed to protect constitutional liberty in the face of a bogus national security claim in this case, it also established precedent for allowing bogus national security claims to trump constitutional rights in a much broader range of cases. Kavanaugh’s propensity to favor executive power may lead to deference to a president who seems inclined to use all available tools to...

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