As Libertarian, this is why I read the Liberal (not Clinton-Media-Progressive engine) 'The Atlantic,' a magazine that has existed since the middle of the 19th century.
'Kavanaugh’s Exercise of Discretion'
'Kavanaugh’s Exercise of Discretion'
'It’s a reasonably fair generalization to say that liberal judges see more discretion in the law and use it more to ameliorate perceived injustices, while conservatives prefer to avoid the prospect of discretion wherever they can, thinking that it gives unelected judges too much power over citizens.
. . .
Kavanaugh happened to be on the panel that heard the case. The essence of what he said to the government’s lawyer from the bench sticks with me, even if the specific wording does not: Give me a hard-and-fast rule and I’ll apply it, but here I have discretion. Why shouldn’t we let him have the appeal and turn to the merits?
. . .
The Kavanaugh I know is likely to be reluctant to find discretion in the law. He will see hard-and-fast rules that bind him. But where he does see discretion? At least in this one instance, he was generous and open to the appeal of the little guy. And that, in the end, isn’t a bad way to be.'
. . .
Kavanaugh happened to be on the panel that heard the case. The essence of what he said to the government’s lawyer from the bench sticks with me, even if the specific wording does not: Give me a hard-and-fast rule and I’ll apply it, but here I have discretion. Why shouldn’t we let him have the appeal and turn to the merits?
. . .
The Kavanaugh I know is likely to be reluctant to find discretion in the law. He will see hard-and-fast rules that bind him. But where he does see discretion? At least in this one instance, he was generous and open to the appeal of the little guy. And that, in the end, isn’t a bad way to be.'
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