Judge Brett Kavanaugh

As America tears itself apart over the nomination of Judge Brett Kavanaugh to be a Supreme Court Justice and allegations of sexual assault against him, libertarians have stood off in the shadowy corner, raising concerns about his views of the Fourth Amendment. He is unqualified as a justice for reasons of how he would rule on key issues, they say. They are right, in a sense, his views are problematic-ish. Its important to note that judges who rule like this are not necessarily anti-Fourth. They are simply deferential to elected officials, and fairly consistently so. That was the essence of Chief Justice John Roberts ruling on Obamacare: it should be up to the legislature to repeal it, not us. Frustrating, but admirable.

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