Did Justice Kavanaugh Fail First Test as ‘Originalist’?

WASHINGTON, D.C. – A good many voters pulled the lever for President Donald Trump solely due to his role in appointing the next few Supreme Court justices. Trump’s first pick, Neil Gorsuch, has proven those voters’ inclinations correct. However, the much ballyhooed second pick – Justice Brett Kavanaugh – was cut from a different cloth, and may be failing to live up to the hopes of Trump voters that wanted originalists appointed to the bench.

From Reason.com:

“In his 2018 confirmation hearings before the Senate Judiciary Committee, Supreme Court nominee Brett Kavanaugh was asked by Sen. Mike Lee (R–Utah) whether or not he considered himself to be an originalist. “Originalism refers to basically textualism applied in the constitutional sphere, with an eye toward identifying the original public meaning of the constitutional text at issue,” Lee observed. So, “for our purposes today,” Lee asked the nominee, “you’re an originalist?” “That’s correct,” Kavanaugh promptly replied.

Many fans of originalism were no doubt heartened by that answer. Unfortunately for them, Kavanaugh just flunked his first big test as an originalist on the Supreme Court.

The test came last week in the case of Timbs v. Indiana. […]”

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