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Brett Kavanaugh has a reverence for the Constitution: Fmr. clerk Justin Walker


BOILERPLATE RESPONSE NO MATTER WHO HE PICKED. OH, LORD. THAT AMERICA IS GOING TO FALL IN LOVE WITH HIM. HE WAS A LAW CLERK FOR JUDGE KAVANAUGH IN THE D.C. CIRCUIT APPEALS COURT. JUSTIN WALKER JOINS ME NOW. HE’S ALSO CLERKED UNDER JUSTICE ANTHONY KENNEDY AT THE SUPREME COURT. WELCOME TO THE SHOW, JUSTIN.>>THANKS VERY MUCH. KENNEDY: HOW WOULD YOU DESCRIBE PHILOSOPHY?>>I THINK JUDGE KAVANAUGH HAS A REVERENCE FOR THE CONSTITUTION WHICH YOU HEARD A LITTLE BIT IN THAT YOU SHOULDN’T MAKE UP THE LAW OR INVENT THE LAW, YOU SHOULD SEARCH — FOR A CRIMINAL DEFENDANT. IT WAS A CASE ABOUT WHETHER OR NOT THE DEFENDANT SHOULD BE FORCED TO PAY RESTITUTION TO THE FEDERAL GOVERNMENT. THERE WERE FOUR DIFFERENT CIRCUIT COURTS AROUND THE COUNTRY WHO HAD TAKEN ONE POSITION, AND IS JUDGE KAVANAUGH READ THE TEXT. HE LOOKED AT THE STRUCTURE OF THE STATUTE, AND HE SAYS, YOU KNOW WHAT? AND JUST IN THIS PAST TERM THE OPINION WRITTEN BY JUSTICE BREYER. KENNEDY: INTERESTING. NOW, THERE IS OBVIOUSLY A DIFFERENCE BETWEEN BEING FAITHFUL TO THE CONSTITUTION AND BEING A CONSTITUTIONALIST. ABOUT ANY NOMINEE IS GOING TO GO BEFORE THE SENATE AND SAY I LOVE THE CONSTITUTION, I THINK THE CONSTITUTION IS SO GREAT, CONSTITUTION, CONSTITUTION, CONSTITUTION. BUT THEN SOME OF THEIR PAST RULINGS AND WRITINGS WOULD SUGGEST THAT ORIGINALISM DOES NOT RUN AS STRONG AND AS DEEPLY WITHIN SOME JURISTS AS IT DOES WITH OTHERS. IT’S EASY TO SAY I’LL BE FAITHFUL TO THE CONSTITUTION, BUT WHAT’S MORE DIFFICULT IS TO BUILD THE KIND OF 12-YEAR RECORD OF INDEPENDENCE AND FAIR MINDEDNESS THAT JUDGE KAVANAUGH THE COUNTRY WHETHER YOU’RE A PLAINTIFF OR DEFENDANT, WHETHER YOU’RE THE PROSECUTION OR A CRIMINAL DEFENDANT, I’M GOING TO LOOK AT THE TEXT, I’M GOING TO LOOK AT THE STRUCTURE, I’M GOING TO LOOK AT THE HISTORY, AND I’M GOING TO INTERPRET THE LAW AND APPLY THE LAW AS IT IS WITHOUT ANY FAVORITISM OR PARTIALITY. KENNEDY: HE CERTAINLY DIDN’T DO THAT WHEN FACED WITH THE NSA’S DISCONTINUE CALL RECORD DRAGNET, COLLECTION SWEEP. WHAT ELSE IN HIS STORIED 12-YEAR CAREER DO YOU THINK WILL BE PROBLEMATIC IN HIS CONFIRMATION PROCESS?>>YOU KNOW, THE ISSUE YOU RAISED IS AN ISSUE THAT’S DIVIDED THE LOWER COURTS. WHAT JUDGE KAVANAUGH WROTE IN A CASE THAT LATER WENT TO THE SUPREME COURT ABOUT PRIVACY, GPS TRACKING, HE WROTE A CONCURRENCE IN A CASE CALLED UNITED STATES V. JONES, LATER UNANIMOUSLY VINDICATED BY THE SUPREME COURT WHERE THEY SAID THE GOVERNMENT CANNOT USE A GPS TRACKER THE FOLLOW YOUR CAR ALL DAY AND ALL NIGHT. NOT ONLY DID HE GET THE RIGHT, THE ANSWER THERE THAT THE SUPREME COURT LATER VINDICATED, HE PROVIDED THE KIND OF ORIGINALISM, PROPERTY-BASED ROAD MAP THAT JUSTICE SCALIA THEN SO I THINK LEFT, RIGHT, CENTER, CONSERVATIVE, LIBERTARIAN, THEY’RE GOING TO FIND IN JUDGE KAVANAUGH SOMEBODY WHO IS INDEPENDENT, WHO IS THOUGHTFUL AND WHO HAS JUST A TERRIFIC CAREER AND A TERRIFIC STORY TO TELL. KENNEDY: WHAT IS IT ABOUT HIM THAT WILL ASSURE VOTES OF LISA MURKOWSKI AND SUSAN COLLINS?>>YOU KNOW, I THINK THAT BOTH OF THOSE SENATORS AND A LOT OF OTHER SENATORS ARE GOING TO LOOK FOR SOMEBODY WHO DOESN’T TAKE A SIDE, A PARTISAN SIDE AND THEN I THINK THAT EVERY, YOU KNOW, FAIR-MINDED SENATOR IS GOING TO LOOK FOR A JUDGE WHO’S GOING TO EXERCISE INDEPENDENCE, FAIR-MINDEDNESS AND JUST GOING TO GIVE EVERY PARTY A SHOT BASED ON WHAT THE TEXT OF THE CONSTITUTION SAYS. KENNEDY: SPEAKING OF SHOTS, THE

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