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The most important question Brett Kavanaugh needs to answer



The most important question Brett Kavanaugh needs to answer

As Brett Kavanaugh takes the hot seat today on his road to the Supreme Court, most of the focus from media and Democrats will surround controversial issues like abortion and gun ownership rights. This will be mostly for show as there aren’t many questions on these important topics for which we won’t already know the answers.

Michael M. Ball wrote an attack piece against Kavanaugh on The Hill:

Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice’s nomination for a lifetime seat on the Supreme Court raises troubling concerns about our right to be free of unwarranted government oversight in an age of expanding capacity to engage in surveillance without our knowledge.

While the full D.C. Circuit declined to review the stay order, in his concurring opinion Kavanaugh went out of his way to assert that the metadata program was “entirely consistent with the Fourth Amendment.” Even in the absence of full briefing, Kavanaugh concluded that the alleged “critical national security need” for the program “outweighs the impact on privacy.”

The piece by the former ACLU manager is a well-written attempt to make Republicans and Libertarians question Kavanaugh’s opinions on our 4th Amendment rights. It attempts to make conservatives voice their concerns about whether Kavanaugh will continue to be soft on the government’s ability to sidestep our Constitutional rights to privacy. Unfortunately, it’s also absolutely correct.

Labeled an originalist, Kavanaugh’s views generally align very well with conservatives. On the issue of the 4th Amendment, it would seem he’s much further to the mushy moderate middle than most on the right can accept.

Today, we’re faced with newly emerging questions of what the government can and cannot do while attempting to keep us “safe,” particularly as it relates to privacy. It’s almost certain the Supreme Court will weigh in on several privacy-related issues before ever taking on the abortion issue. In fact, they may never address it in a meaningful way even if they have the votes to overturn Roe v. Wade.

I’m not recommending anyone should pull their support for Kavanaugh, but it’s imperative for his current thoughts regarding the 4th Amendment are discussed.

Depending on how the midterm elections go, it’s possible that this may be the last chance to confirm a conservative Supreme Court justice. If President Trump can’t put Kavanaugh on the bench, he may be faced with compromises and a more moderate perspective on the next justice. Therefore, I’m still supporting Kavanaugh’s nomination.

We’ll see how it all plays out this week.


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