HAMMER: BLOWN OPPORTUNITY: Justice Kavanaugh Is Quickly Becoming An Ally To The Left On The Court – By Josh Hammer (Dailywire) / May 13 2019
Well, Justice Brett Kavanaugh has done it once again.
On Monday, the U.S. Supreme Court’s junior-most justice, the lifelong inside-the-Beltway D.C. swamp creature who Daniel Horowitz once perfectly described as “Karl Rove in a robe,” sided with the Court’s four liberals in an egregious endorsement of a dubious antitrust legal theory that eschews traditional judicial norms and prostrates the Court before the ever-zealous plaintiff’s bar. Some overeager anti-Silicon Valley “conservatives” seem to be praising Kavanaugh for “taking on” Big Tech, but the reality is that there is nothing even remotely conservative about unduly expanding the inherently flawed corpus of antitrust law so as to incentivize unhinged litigiousness and enrich plaintiff’s attorneys. And, as Justice Neil Gorsuch’s excellent dissent carefully notes, it is even more non-conservative to incentivize that litigiousness by means of undermining rudimentary legal theories of “proximate causation” that every first-year law student is taught.
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
https://www.dailywire.com/news/47141/hammer-blown-opportunity-justice-kavanaugh-quickly-josh-hammer
