Kavanaugh’s judicial activism on display

Brett Kavanaugh

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.

4 comments

  1. david thurman says:

    I hope kavanaugh doesn’t make it onto the SCourt, b/c tRump will feel even more invincible than he does now, among multiple reasons to dislike his character.

    Timeline wise It looks like kavanaugh let it slip that he would object to a potus being investigated for anything,then his name was added to tRump’s list of names (it wasn’t on list when he was using it as a campaign prop, or when gorsuch was chosen), then suddenly Kennedy announces retirement (after already having chosen clerks for the next session=odd).

  2. George Simmons says:

    How can anyone possibly describe the actions of the CIA as reasonable?

    The CIA lied to a congressional investigation into the assassination, declining to inform them that the DRE were CIA assets, and that George Joannides himself was their case handler. To this day, they have offered no explanation for this blatant and criminal deceit. Reasonable?

    Good luck in your appeal Jeff, and thank you so much for your efforts, its incredibly important.

  3. Brian Lynch says:

    Good for you Jeff. The result shall prove interesting!

  4. robert e williamson jr says:

    This is what they do, the conservatives. The SWETS, the DEEP STATE NETWORK & RIGHT WING NATIONALISTS. Since they feel they are the chosen people they have the “authority” to make up their own rules as needed. Jeff you know yourself that time after time since about 1950 the CIA has intervened in investigation after investigation by FBI and other state and local law enforcement organizations to derive their desired out come. This guys testimony reminds me of something a CIA agent or operative might might deliver on his way to his sources and methods defense when not wanting to answering questions. What he is doing is essentially the same thing just wrapped a little differently. It’s condensed B.S.

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