The Supreme Court delivered a major ruling on Monday that a group of iPhone owners are free to pursue an antitrust lawsuit against Apple that claims the tech giant has unfairly monopolized the mobile-app market.
In a 5-4 decision, conservative Justice Brett Kavanaugh surprised many by siding with the court’s four liberals in rejecting a plea from Apple asking the court to toss the lawsuit.
During his show on Monday, conservative talk radio host Rush Limbaugh spoke about the case and offered his opinion on why he believes Kavanaugh joined liberals with his decision.
Limbaugh began by noting that Kavanaugh has sided with the liberal wing of the high court in a few recent decisions.
Limbaugh suggested that Kavanaugh’s confirmation hearings last year may have impacted him — meaning he’s trying to side with liberals on certain cases to show that he’s objective and fair.
“The real question is, what is Kavanaugh doing here?” Limbaugh said.
“If you go back to the Federalist Society, Kavanaugh was cited as the best — better than Gorsuch, more conservative, more pure, this, that and the other thing. And this is the second or third time that he has aligned with the leftist. I’ll tell you what I think: I think all that [Blasey] Ford stuff worked,” Limbaugh added.
He continued, “I think it’s classic,” he continued. “I’m wild-guessing. I don’t know. I’ve never met Kavanaugh. I’ve not really talked to anybody about this. I’m wild-guessing. This just strikes me as so typical — ‘I’m going to show them they were wrong. I’m going to show them they were wrong. I’m going to show them I can be fair.’ And the way you show a liberal you can be fair is agree with them.”
Limbaugh’s theory isn’t all that crazy.
Given the brutal confirmation hearing that Kavanaugh went through last October, perhaps he’s trying to side with liberals on a few cases to show everyone that he’s fair and unbiased.
If true, of course, that would not be good news.
President Donald Trump nominated Kavanaugh because he was believed to be a constitutional textualist, meaning he applies the rule of law to a case, not his political beliefs like most liberals do.
If Kavanaugh is siding with liberals on cases just for brownie points, that would be bad news.
Looking at it from another perspective, Kavanaugh has already sided with the Trump administration on several key cases, such as immigration and the travel ban.
This is especially troubling given Democrats did everything possible to smear Kavanaugh and block him from sitting on the nation’s most powerful court.
Maybe he just had a different view in this case and it is not quite time to hit the panic button.