Why is Kavanaugh so unpopular?

[Person Man]

This is a pretty transparent referendum on 20th century jurisprudence. That's why.

[Koharu]

Because he is the second appointment within two years by an unpopular President that lost the popular vote, when he should only have been the first appointment since Gorsuch's nomination should have been Obama's. But even then, the court is losing a swing-vote and gaining a reactionary that will cement a conservative majority for possible decades. All based on an untrue assumption that Trump and the GOP has that since they won the electoral college in 2016, and have the barest possible majority in the Senate, that their will reflects America at large, when it blatantly doesn't!

This is spot-on about Kavanaugh, Gorsuch, and Garland.

Yep.

[QAnonKelly]

There’s a chance he might have done some light perjury

[Kodak]

There’s a chance he might have done some light perjury

That would make two times he lied to Senator Leahy.

https://www.nytimes.com/2018/07/23/opinion/brett-kavanaugh-supreme-court-senate-patrick-leahy.html

[Oswald Acted Alone, You Kook]

Because he's a conservative, and people think he's going to overturn Roe vs. Wade with the help of the other conservative court members.

[J. J.]

Because he's a conservative, and people think he's going to overturn Roe vs. Wade with the help of the other conservative court members.

I think that some people confuse conservative political views and conservative jurisprudence.  A conservative judge is one who would not overturn precedent, at least not without a solid constitutional reason.

For example, Rehnquist disagreed with Miranda vs Arizona when it was decided.  When the issue came before the Court in Dickerson vs. US, Rehnquist upheld it, and wrote the decision doing so.  https://supreme.justia.com/cases/federal/us/530/428/

He wrote:

"This Court declines to overrule Miranda. Whether or not this Court would agree with Miranda's reasoning and its rule in the first instance, stare decisis weighs heavily against overruling it now. Even in constitutional cases, stare decisis carries such persuasive force that the Court has always required a departure from precedent to be supported by some special justification."

There can be no doubt that Rehnquist was a conservative jurist and that SCOTUS was more conservative in 2000, when this was decided and 1966, when Miranda was decided.

[SCNCmod]

No clue what others think- but I've thought from the beginning that his appearance/ demeanor/ etc is much less marketable than Gorsuch or someone like Hardiman (who seems very "marketable").

Also- the Viral video of Kavanaugh with the Parkland Father will likely win him Zero fans (regardless of the reality of the situation... but his facial expressions alone come across badly). Granted he was unpopular prior to the incident.

[°Leprechaun]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

[Grassroots]

He isn't. However, it seems like that because the democrats have increased the volume on their megaphones, because they might lose power for quite a while with a conservative supreme court.

[J. J.]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.   

[Ban my account ffs!]

Because no one likes Republican policies no matter how much you try to shove it down our throats. You are in power because of gerrymandering and voter suppression.

This.  Nobody likes you.  You're a bunch of entitled pretend-victim bullies.  You've rigged the system in your favor and as a result we are governed by an increasingly corrupt, out-of-control bunch of grifters, psychopaths, narcissists, and crazies.

You're driving us to a point where the only way out of this is a significant revision of our constitution to ensure you people cannot and will not do this again.

[°Leprechaun]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.   

OK, he may not be as conservative as the other four, but I think he is more often than not a conservative.

[J. J.]

OK, he may not be as conservative as the other four, but I think he is more often than not a conservative.

I can say the same thing about Beyer and Kagan, except that they tend to a bit more to the left of center as Roberts is to the right.  Further both Ginsburg and Sotomayor have moved to the left.

If we appoint a liberal we get a liberal majority.  Is your argument against Kavanaugh that you want a liberal majority on the Court.

[°Leprechaun]

OK, he may not be as conservative as the other four, but I think he is more often than not a conservative.

I can say the same thing about Beyer and Kagan, except that they tend to a bit more to the left of center as Roberts is to the right.  Further both Ginsburg and Sotomayor have moved to the left.

If we appoint a liberal we get a liberal majority.  Is your argument against Kavanaugh that you want a liberal majority on the Court.

While it is true that I don't want a conservative Court, that wasn't the point of my response. I was answering the thread question as to the underlying issue with regard to Kavanaugh, namely that it would change the makeup of the court and do so for a long time since the more conservative members are young enough to be there for a very long time. That should be a no brainer.

[Yank2133]

He is mainly unpopular because unlike Gorsuch, Kavanaugh might really change the dynamic of the court.

[Badger]

https://abcnews.go.com/Politics/father-parkland-victim-kavanaugh-shake-hand-supreme-court/story?id=57598458&cid=clicksource_4380645_1_hero_headlines_bsq_hed

He's also a major douche.

I saw Brett Kavanaugh at a grocery store in D.C. yesterday. I told him how cool it was to meet him in person, but I didn’t want to be a douche and bother him and ask him for photos or anything.
He said, “Oh, like you’re doing now?”

I was taken aback, and all I could say was “Huh?” but he kept cutting me off and going “huh? huh? huh?” and closing his hand shut in front of my face. I walked away and continued with my shopping, and I heard him chuckle as I walked off. When I came to pay for my stuff up front I saw him trying to walk out the doors with like fifteen Milky Ways in his hands without paying.

The girl at the counter was very nice about it and professional, and was like “Sir, you need to pay for those first.” At first he kept pretending to be tired and not hear her, but eventually turned back around and brought them to the counter.

When she took one of the bars and started scanning it multiple times, he stopped her and told her to scan them each individually “to prevent any electrical infetterence,” and then turned around and winked at me. I don’t even think that’s a word. After she scanned each bar and put them in a bag and started to say the price, he kept interrupting her by yawning really loudly.

Every now and then Tim posts one for the ages.

[Badger]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

[Badger]

There's plenty of lingering resentment about Republicans "stealing" a seat, and this vacancy threatens the Court's balance in a way that the previous appointment did not. It doesn't help that the nominee has the mark of an increasingly troubled Trump administration on him.

There's also something intangible at work here. Ever since the pick was announced, I've had a strong feeling that there's something not quite right about Kavanaugh. I don't follow the judiciary closely enough to have well-informed opinions on these things, so maybe I've just been taken in by whatever coverage confirms my biases. There's just a stink about him. Maybe someone else can tell me why.

This week has deepened that impression: Either he's performed extremely poorly over his first few days, or Democrats have brilliantly - and uncharacteristically - stage-managed his hearings from the minority. Take your pick.

Or, he's just that extreme and hackishly partisan, so a combination of close scrutiny and decent questioning under oath scratched the veneer of "open-minded professionalism" dabbed on for his hearing.

[Badger]

To answer the question, it's a way for the right wing minority in this country to cement hold against contrary popular tides running against it, long after holding an electoral majority is doable. no longer viable.

Voting restrictions, gerrymandering, the electoral college, shooting down campaign finance restrictions, the Senate's weight towards smaller states and obstructionism. All of these things are now substituting having an actual electoral mandate as a means for the right to retain power. A far right SCOTUS majority lasting decades is the ultimate extension of extending political control despite democracy. Not to mention defending the above mentioned self-protecting measures.

[J. J.]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives." 

[ηєω ƒяσηтιєя]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives."  

Those votes don't change the fact that they are conservatives. LMAO, why do so many Republicans act as if a few votes outweigh the majority of their votes?

[Mr. Smith]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives." 

Obamacare was a conservative idea from the start, and gay marriage was a lost fight by the time it reached them.

[ON Progressive]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives." 

Shelby County v. Holder, FEC v. Citizens United, Burwell v. Hobby Lobby, and Janus v. AFSCME were absolutely not moderate decisions, and both voted on the hard right side of the court in those decisions.

Indeed, Kennedy made conservative rulings in 71% of 5-4 cases and Roberts has done so 82% of the time in 5-4 decisions. If that's the definition of a "moderate judge," then the term "moderate" has no meaning anymore.

[J. J.]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives." 

Shelby County v. Holder, FEC v. Citizens United, Burwell v. Hobby Lobby, and Janus v. AFSCME were absolutely not moderate decisions, and both voted on the hard right side of the court in those decisions.

Indeed, Kennedy made conservative rulings in 71% of 5-4 cases and Roberts has done so 82% of the time in 5-4 decisions. If that's the definition of a "moderate judge," then the term "moderate" has no meaning anymore.

Then you are saying, a conservative won't make a difference.

[ON Progressive]

This is a no brainer, and yet many of you seem to fail to see the underlying issue.

There will be a conservative majority on the Court for a long time, perhaps decades.

Kavanaugh himself could be on the Court for as many as 30-40 years.

Shouldn't that be of concern to anyone who doesn't want to see that happen?

This shouldn't be such a personal issue.

Roberts is not all that conservative.  His voting record is very close to Kennedy.

At worst, there will be 4 strong conservatives, 1 in the middle, 2 liberals, and 2 strong liberals.  That assumes that both Gorsuch and Kavanaugh (if confirmed) team up with Thomas and Alito.

I don't think that there is enough information to classify Gorsuch, but so far, he is more liberal than Thomas or Alito.

I'm wondering if we will see more 7 to 2 decisions.  

Roberts and Kennedy ARE/WERE CONSERVATIVES.

They would have been considered Rehnquist's closest ideological allies if they served on the 70's. We've only just been moving the goalposts as to what constitutes a "conservative" justice for 40 years.  

Oh, and saying Gorsuch (maybe, possibly) isn't as conservative as Thomas and Alito is like saying the bottom of the Atlantic Ocean isn't as deep as the Marianas Trench.

One of those "conservatives" voted that Obamacare was constitutional; the other voted that is unconstitutional to prohibit same sex marriage.  It is hard to call those justices "conservatives,"or at least "strong conservatives." 

Shelby County v. Holder, FEC v. Citizens United, Burwell v. Hobby Lobby, and Janus v. AFSCME were absolutely not moderate decisions, and both voted on the hard right side of the court in those decisions.

Indeed, Kennedy made conservative rulings in 71% of 5-4 cases and Roberts has done so 82% of the time in 5-4 decisions. If that's the definition of a "moderate judge," then the term "moderate" has no meaning anymore.

Then you are saying, a conservative won't make a difference.

It will make a difference on a couple cases though. Arizona State Legislature v. AIRC (which made independent redistricting commissions constitutional) will be guaranteed to be overturned by Kavanaugh, for example, since he was the deciding vote and Roberts dissented.