Kavanaugh pays off for Trump

Over the last several weeks, the Supreme Court has issued a number of important rulings on its “shadow docket” — cases that are heard on motions to grant a stay or for other immediate relief without oral argument and usually without written opinions by the justices. In three of these rulings, Supreme Court Justice Brett Kavanaugh has more than lived up to President Donald Trump’s expectations that he will be far to the right on the court, including on crucial issues for the Trump administration.

In January, the court voted 5-4 to dissolve preliminary injunctions that had halted the Trump ban on transgender service members as the lawsuit against the ban moved forward. As a result, while the litigation continues over the next year or so, the military can prevent transgender individuals from enlisting and “courageous transgender service members will face discharges.” As one veteran put it, in addition to the hardship and discrimination against transgender individuals, the court’s 5-4 ruling “has made it harder for every commander in the military,” since each will “have to look at some of the best troops we have and kick them out for being honest about who they are.”

Kavanaugh cast one of the deciding votes to lift the injunction against the ban. [...] Justice Kavanaugh has “evinced no interest in defending” the LGBTQ community’s rights or their dignity. Trump’s other Supreme Court nominee, Neil Gorsuch, also voted to dissolve the injunction. Kavanaugh and Gorsuch were part of the 5-4 majority again in February, when the court voted 5-4 to reverse an Eleventh Circuit Court of Appeals ruling that had temporarily stayed an execution because of a “powerful” claim that prison officials had violated the prisoner’s religious liberty. The court of appeals was concerned that Alabama refused to allow a Muslim prisoner to have an imam present to offer him religious guidance in his last moments, even though it allows that religious accommodation for Christian prisoners.

[...]

Votes by Kavanaugh and Gorsuch were recently almost enough to allow a restrictive Louisiana anti-choice law to go into effect, even though it is virtually identical to a Texas provision struck down by the Supreme Court three years ago. By a 5-4 vote with Justice Roberts joining the court’s four moderates, however, the court halted the state law pending a decision on a request that the court review the case on the merits. As one commentator put it, if the court had declined the stay, the net result would have made Roe v. Wade “all but dead.”

[...]

On February 7, 2019, the Supreme Court decided 5-4 to stay the Fifth Circuit ruling and prevent the law from taking effect, pending a decision on a request that the court review the case on the merits. Trump’s appointees both dissented, with Kavanaugh writing a separate dissent suggesting that the plaintiffs file another stay request later if needed. That dissent effectively disregarded the court’s Texas ruling that admitting privilege requirements are unconstitutional and provide no benefit to patients, thus effectively declaring “war on Roe v. Wade.” Progressives have already referred to Kavanaugh’s vote and opinion in again criticizing Sen. Susan Collins (R-Maine) for her key vote to confirm Kavanaugh.

The votes of Kavanaugh and Gorsuch could be critical when the Supreme Court considers the Louisiana law on the merits, which it is likely to do in 2019-20. Chief Justice Roberts was one of the three dissenters when the court invalidated the Texas law in 2016. If he takes the same position when the Louisiana statute is reviewed on the merits, then the votes of Kavanaugh and Gorsuch could be decisive in effectively reversing the Texas decision and endangering Roe v. Wade.

  The Hill

...but hey, do what you want...you will anyway.