Dem Senator Seems Aghast Over Kavanaugh's Support for 'Individual Liberty' | NTK Network Dem Senator Seems Aghast Over Kavanaugh’s Support for ‘Individual Liberty’

Dem Senator Seems Aghast Over Kavanaugh’s Support for ‘Individual Liberty’

Sen. Mazie Hirono (D-HI) responded to a portion of a Kavanaugh ruling on individual liberty with a sticky note that said "What?!"

By NTK Staff | 08.10.2018 @11:00am
Dem Senator Seems Aghast Over Kavanaugh’s Support for ‘Individual Liberty’

The Huffington Post reported Thursday on Sen. Mazie Hirono’s (D-HI) efforts to oppose Judge Brett Kavanaugh’s elevation to the Supreme Court, and included in her notes, according to HuffPost, is apparent incredulity over Kavanaugh’s support for individual liberty.

The relevant nugget of HuffPost‘s story, from Jennifer Bendery:

Another page had a pink sticky note with one word on it: “What?!”

The portion of Kavanaugh’s records that Hirono apparently finds offensive is from Kavanaugh’s dissent on a D.C. Circuit case concerning Obamacare’s individual mandate:

Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare’s individual mandate, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed its constitutionality. Writing for the majority, Judge Laurence H. Silberman, a Reagan appointee, brusquely acknowledged that upholding the mandate means there is no limit to Congress’s powers under the Commerce Clause.

[Judge Brett Kavanaugh, in dissent, wrote:] “As the Supreme Court has told us time and again, the structural principles of the Constitution . . . protect individual liberty. And the courts historically have played an important role in enforcing those structural principles. . . . That Congress is subject to a political check does not absolve the judiciary of its duty to safeguard the constitutional structure and individual liberty.

The bolded portion above is what Hirono supposedly finds offensive. Even if Hirono is confused by Kavanaugh’s position, rather than aghast, it should raise eyebrows that a U.S. senator could take issue with a judge asserting that judges should “safeguard the constitutional structure and individual liberty.”

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