On the recordJuly 23, 2018
on Saturday, the Senate Judiciary Committee received the completed questionnaire from Brett Kavanaugh, President Trump's nominee to the Supreme Court. As legal minds on both sides of the aisle pore over these preliminary documents, a common thread has already emerged: Brett Kavanaugh seems to have an imperial conception of the American Presidency. He has written that a sitting President shouldn't be subject to civil or criminal investigations while in office. In at least three separate instances, Brett Kavanaugh has shown a willingness to openly question precedent relating to Presidential power and Presidential accountability. First, in his opinion in Seven-Sky v. Holder, Kavanaugh wrote that the President does not have to enforce the laws if he ``deems'' a statute unconstitutional, regardless of whether a court has already held it constitutional. What the heck do we have a Supreme Court for? If the President can deem a law unconstitutional even after the courts have ruled it is and then not obey it--wow. That goes very far. I fear to think what this President, in particular, who doesn't seem to have much respect for the rule of law or people who disagree with him, will do if that becomes the law. Second, when Brett Kavanaugh was asked which case he would choose if he could overturn precedent in any one case, he said the decision in Morrison v. Olson. That is the case that upheld the constitutionality of the independent counsel law.…





