Jeffrey Toobin Discusses the Ascent of Supreme Court Justice Nominee Brett Kavanaugh.

Toobin’s article recounts Judge Kavanaugh’s legal history. For those unaware, prior to becoming a judge, Kavanaugh was a Republican lawyer and activist who clerked for Justice Anthony Kennedy and was a principal author of the now infamous Starr report. Kavanaugh worked on the legal team to prevent Elian Gonzalez’s father from returning his son to Cuba and on George W. Bush’s legal team to stop the recount of votes during the 2000 Presidential election. Bush recruited Kavanaugh to serve as his staff secretary before nominating him to the D.C. Circuit in 2006. As a D.C. Circuit Judge, Kavanaugh wrote in a dissent regarding the Affordable Care Act that “Under the Constitution, the President may decline to enforce a statute that regulates private individuals when the President deems the statute unconstitutional, even if a court has held or would hold the statue constitutional.” Of current import, Kavanaugh wrote in a 2009 law review article, that a President should be allowed to avoid questioning from law-enforcement officials and Congress should consider a law exempting a sitting President from criminal investigation and prosecution.

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