Brett Kavanaugh, creative jurist
On the second day of the Brett Kavanaugh confirmation hearings, the Supreme Court nominee’s legal record is under close scrutiny. While far from is most important ruling, his last signed opinion as an appellate court judge provides a window into his judicial philosophy.
In a split decision on July 9, Kavanaugh’s vote decided my Freedom of Information Act (FOIA) lawsuit for certain JFK assassination files. As fellow judge Karen Henderson pointed out in a stinging dissent, the majority decision ignored precedent and invented mandate.
Substantively, Kavanaugh’s decision undermined a key feature of FOIA law and strengthened the CIA and other agencies that want to keep embarrassing secrets out of the public record–even when they are more than 50 years old. That’s why I’m appealing the decision.
Brett Kavanaugh announced.
The last opinion signed by Brett Kavanaugh before his nomination to the Supreme Court dealt a blow to a key provision of the Freedom of Information Action: compensation for successful litigant.
On July 9, Kavanaugh joined a 2-1 majority decision in Morley v. CIA that held that the government did not have to pay my court costs because the CIA had acted reasonably and there was no benefit to the information obtained.
In a powerful dissent, Judge Karen Henderson rebuked Kavanaugh and Judge Gregory Katsas for ignoring precedent and inventing mandate.
Of recents news events, Rick writes:
“Although I support Judge Kavanaugh’s appointment to the Supreme Court, I am greatly dismayed that he played this role denying Jeff Morley’s suit. The real culprit, as we all must admit, is the CIA itself which has been relentless in their perpetration of the coverup for over half a century. Judge Henderson’s well-reasoned dissent in this case puts me at odds with Kavanaugh on this most important historic subject.”
Judge Karen Henderson, JFK dissenter
Click for here Judge Brett Kavanaugh’s July 9 decision in Morley v CIA,
Morley v CIA is a Freedom of Information Act (FOIA) lawsuit seeking release of certain CIA files related to the assassination of President John F Kennedy in November 1963.
in his last decision before being nominated by President Trump to serve on the Supreme Court, Kavanaugh ruled in favor of the CIA.
Judge Karen Henderson, first appointed to the federal bench by President Ronald Reagan, dissented: Read more