Supreme Court Justice Brett Kavanaugh is doing things out of the ordinary for a “conservative” jurist.
You’d think he’d side with the Constitutionalists on the bench, such as Clarence Thomas, 11 times out of 10.
Unfortunately, it hasn’t always turned out that way.
Here’s the latest example, via New York Post:
The Supreme Court ruled Monday that a group of iPhone owners are free to pursue an antitrust lawsuit against Apple that claims the tech giant has unfairly monopolized the mobile-app market.
In a 5-4 opinion that threatens billions of dollars in yearly app-sale commissions for Apple, conservative Justice Brett Kavanaugh joined the court’s four liberals in rejecting a plea from Apple asking the court to toss the suit.
Josh Hammer breaks down how Kavanaugh is becoming an ally to the left:
Kavanaugh has actually fairly consistently joined the liberal bloc on death penalty-related cases: In March, Kavanaugh joined the liberals in staying an execution of a Buddhist man in Texas — a stay that Justice Alito today eviscerated as “seriously wrong.” Perhaps even more troublingly, Kavanaugh in December joined Roberts and the liberals to deny the Court from hearing contentious appeals about various state governments defunding Planned Parenthood, the nation’s largest prenatal infanticide mill, from Medicaid programs — denials regarding which Justice Thomas acerbically mused: “What explains the court’s refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.'” Finally, Kavanaugh has even flexed his moderate, non-conservative “bona fides” when it comes to less hot-button, more strictly procedural issues: In February, he once again joined Roberts and the liberals, over a Thomas/Gorsuch/Alito dissent, to hold that lawyers may not disregard their clients’ instructions to file appeals even in instances wherein the clients had voluntarily waived their right to appeal in their plea agreements.
Also significant: Justice Kavanaugh was on the liberals' side in this case, too. His name was notably absent from the Alito/Thomas/Gorsuch dissent. 10/10
— Steven Mazie (@stevenmazie) February 19, 2019
On #SCOTUS's decision in Moore v. Texas:
It usually takes six Justices to agree to a "summary reversal." Given the dissent, that means that both the Chief Justice (who noted his vote) & Justice Kavanaugh (who didn't) voted to decide the case summarily…https://t.co/jyfEK8VxIF
— Steve Vladeck (@steve_vladeck) February 19, 2019
Senate Democrats posted a poll on Twitter asking Americans if they want more Kavanaugh’s or Ruth Bader Ginsburg’s on the Supreme Court.
What happened next is the stuff of legend.
In fact, DSCC actually deleted the tweet after the numbers skewed so heavily in Kavanaugh’s favor.
Check this out…
3. The @dscc has deleted this tweet after the results didn’t end up in their favor.
— Yashar Ali 🐘 (@yashar) May 5, 2019
71-29 in favor of the winner, “Justice Kavanaugh.”