With all the good President Trump has done for America, did he screw up by nominating Brett Kavanaugh to replace Anthony Kennedy on the Supreme Court?
Early evidence suggests that might be just the case, which is especially troubling considering Democrats did everything possible to keep Kavanaugh away from the high court.
Here’s what just went down, with Kavanaugh once again siding with his liberal peers…
From New York Post:
The Supreme Court ruled 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 opinion that threatens billions of dollars in yearly app-sale commissions for Apple, conservative Justice Brett Kavanaugh joined the court’s four liberals in rejecting a plea from Apple asking the court to toss the suit.
The consumers accuse Apple of forcing developers to artificially inflate the prices of their apps thanks to the 30-percent commission that Apple charges on the more than 2 million apps sold through its App Store.
The apps would be cheaper were they available from other sources, the plaintiffs argued, but iPhones can only use apps from Apple’s official store.
Josh Hammer breaks down how Kavanaugh is becoming an ally to the left:
This is hardly the first time that Kavanaugh has disappointed the Right since joining the nation’s highest court. Indeed, since joining the Court, the jurist who wrote the legal roadmap to save Obamacare has consistently lived up to his milquetoast establishment Republican pedigree. In February, he joined the Court’s liberals and the new swing vote, Chief Justice John Roberts, to summarily reverse the Texas Court of Criminal Appeals in a procedurally arcane death penalty case that should never have come close to receiving expeditious summary reversal treatment. The normally reliable conservative triumvirate of Justices Thomas, Gorsuch, and Alito dissented.
Also significant: Justice Kavanaugh was on the liberals' side in this case, too. His name was notably absent from the Alito/Thomas/Gorsuch dissent. 10/10
— Steven Mazie (@stevenmazie) February 19, 2019
On #SCOTUS's decision in Moore v. Texas:
It usually takes six Justices to agree to a "summary reversal." Given the dissent, that means that both the Chief Justice (who noted his vote) & Justice Kavanaugh (who didn't) voted to decide the case summarily…https://t.co/jyfEK8VxIF
— Steve Vladeck (@steve_vladeck) February 19, 2019
Kavanaugh has actually fairly consistently joined the liberal bloc on death penalty-related cases: In March, Kavanaugh joined the liberals in staying an execution of a Buddhist man in Texas — a stay that Justice Alito today eviscerated as “seriously wrong.” Perhaps even more troublingly, Kavanaugh in December joined Roberts and the liberals to deny the Court from hearing contentious appeals about various state governments defunding Planned Parenthood, the nation’s largest prenatal infanticide mill, from Medicaid programs — denials regarding which Justice Thomas acerbically mused: “What explains the court’s refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.'” Finally, Kavanaugh has even flexed his moderate, non-conservative “bona fides” when it comes to less hot-button, more strictly procedural issues: In February, he once again joined Roberts and the liberals, over a Thomas/Gorsuch/Alito dissent, to hold that lawyers may not disregard their clients’ instructions to file appeals even in instances wherein the clients had voluntarily waived their right to appeal in their plea agreements.