The Kavanaugh nomination. I already have MAJOR concerns.

Before I list my concerns I just want to say, on these judicial nominee assessments I rely on other peoples' opinions. I just don't have the time to dig in and make my own assessments. So I rely on people that have a long and credible track record of assessing these judicial nominees.

My first concern is on the 4th amendment. Justin Amash, Rand Paul and Thomas Massie all have expressed their angst with Kavanaugh's judicial decisions involving metadata and surveillance. I trust these guys. For a glimpse of Kavanaugh's decisions that potentially can have a negative impact on the 4th here are a few tweets by Amash:

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Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.

— Justin Amash (@justinamash) July 9, 2018

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In 2015, Kavanaugh declared “the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”

He cited Smith v. Maryland, a case whose facts bear almost no resemblance to the metadata program.

Gorsuch recently ripped SvM in a #4thAmendment case.

— Justin Amash (@justinamash) July 9, 2018

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Kavanaugh: “Government’s program for bulk collection of telephony metadata serves a critically important special need—preventing terrorist attacks on the United States. In my view, that critical national security need outweighs the impact on privacy occasioned by this program.”

— Justin Amash (@justinamash) July 9, 2018

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LINK

The second concern is on the issue of Obamacare. During the Mark Levin podcast Mark read the 2013 oral arguments between Kavanaugh and White (attorney for the plaintiff) on the DC Circuit. In summary Kavanaugh argued that the Obamacare mandate was a tax thus giving the federal government the power to force you and me to purchase a product from a private company. Now the case in the DC circuit was never concluded because the circuit punted and said come back to me in 2015 when the mandate is enforced.

This was the same argument that John Roberts used along with the 4 liberal Supremes to hold up Obamacare. And of all people, moderate supreme Anthony Kennedy RIPPED the majority opinion in his dissent and effectively said, "you're just making up law now".

Kavanaugh says he's a textualist. That is difficult to believe after hearing that particular exchange between him and White in the DC circuit. He was justifying calling a mandate a tax in that exchange and he literally said, "'mandate' is just a label". Textualists don't make those kinds of arguments.

Third concern: Kavanaugh comes off as a GOPe golden boy. This is the establishment pick. The Bushs love him. The McConnell gang with McCain love him. That always raises a red flag for me.

Kavanaugh seems risky. At this point he seems like the kind of guy that will help Roberts swing the court left of center.

I'm concerned.