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Rand Paul Says He Will Vote Yes on SCOTUS Nominee Brett Kavanaugh

“After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination.”

C-SPANC-SPANLast week, Sen. Rand Paul (R-Ky.) said he was "very concerned" about Supreme Court nominee Brett Kavanaugh's "position on privacy and the Fourth Amendment." As Paul explained, "Kavanaugh's position is basically that national security trumps privacy…that worries me."

Today, Paul announced that he is no longer worried. "After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination," Paul declared.

Paul's concerns centered on Judge Kavanaugh's 2015 statement concurring in the denial of rehearing en banc in Klayman v. Obama, which was then before the U.S. Court of Appeals for the District of Columbia Circuit. That case centered on the constitutionality of the National Security Agency's controversial information-gathering program, which involved the NSA collecting the telephony metadata of all Americans. "In my view," Kavanaugh wrote, "the Government's metadata collection program is entirely consistent with the Fourth Amendment."

Klayman put Kavanaugh at odds with Paul, who has repeatedly maintained that, "the bulk collection of all Americans' phone records all of the time is a direct violation of the Fourth Amendment."

So what caused Paul to stop worrying about Kavanaugh's Klayman opinion? "In reviewing his record," Paul announced today, "and through my conversation with him, I have hope that in light of the new precedent in Carpenter v. United States, Judge Kavanaugh will be more open to a Fourth Amendment that protects digital records and property."

In Carpenter v. United States, decided just last month, the Supreme Court ruled that a warrantless government search of a criminal suspect's historic cellphone location records violated the Fourth Amendment. This precedent does indeed cut against Kavanaugh's previous legal justifications for warrantless data collection.

Paul's announcement today suggests that in his private meeting with Kavanaugh, the SCOTUS nominee signaled his willingness to take a new view of the Fourth Amendment in light of Carpenter. If that is the case, Kavanaugh should say so publicly during his Senate confirmation hearings.

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  • BestUsedCarSales||

    What a surprise.

  • Just Say'n||

    A single vote in opposition of an en blanc hearing is a rather ridiculous thing to base opposition on a judicial nominee

  • BestUsedCarSales||

    As much as I tend to like Rand Paul, I am getting a little tired of his, "Raise a stink, then vote for it anyway" tendency. This has nothing to do with any opinion with Kavanaugh (Honestly, don't have one since I haven't had much time lately to look into him).

  • Just Say'n||

    Rand votes less often with his own party than any other member of the chamber. People keep letting the perfect be the enemy of the very good.

    www.projects.fivethirtyeight.c.....ump-score/

  • Just Say'n||

    He also voted against Gina Haspel (after voting in committee for her to go before the Senate for confirmation) and Mike Pompeo

    www.projects.fivethirtyeight.c.....rand-paul/

    He's not his dad. True. But, he's a lot better than anyone else in the Senate.

  • Calidissident||

    Was the vote against Pompeo for CIA Director? Because I think he did vote for him for Secretary of State.

  • Just Say'n||

    Yes, he voted against him being CIA director.

    The link doesn't work, because everything is stupid. But, Five Thirty Eight has the score cards if you Google "Rand Paul votes in opposition to Republicans"

  • TangoDelta||

    You need to ditch the "www." portion of the link and it should work fine.

  • JFree||

    As much as I tend to like Rand Paul, I am getting a little tired of his, "Raise a stink, then vote for it anyway" tendency.

    I agree 100%. And I begin to understand a bit more why congressional staffers think he's both a disappointment and a showboating type Senator.

    Not that staffers views are valid - but they do tend to be the only ones who can compare senators to each other.

  • Chipper Morning Baculum||

    What a surprise.

    Yep, eff Rand. He's pissed us off so many times, and then we forgave him, because he said the right things some time later. Let's face it, Rand is our alcoholic domestic abuser boyfriend. He's got a wife-beater under that suit.

  • BestUsedCarSales||

    It's not even that. I still agree with him more often than not, I just think he's prone to these grandstanding acts, and I find them tiresome.

  • Don't look at me.||

    So?

  • Just Say'n||

    I loved this run up to the "Rand Paul decision" especially since there was never a run up to "libertarian leaning Senator Ron Wyden" (hilariously repeated in multiple articles here over the years) about how he would vote on Kagan and Garland.

    Only Paul needs to be held to these standards.

  • Happy Chandler||

    Kagan was on record as supporting fourth amendment rights against wiretapping prior to the confirmation hearings.

    Garland never hit the floor.

  • Just Say'n||

    "During her term as Solicitor General, Elena Kagan submitted briefs to reverse lower court opinions that established standards to protect individual privacy. Rather than embrace standards of data minimization that would focus the government search and seizure on only that information it properly seeks, in Comprehensive Drug Testing Solicitor General Kagan has instead asserted the government''s prerogative to search and seize any and all information intermingled with data that is the subject of proper government search."

  • Just Say'n||

  • Just Say'n||

    You know Monica never loved you, Chandler Bing, right?

  • chipper me timbers||

    this is completely unsurprising.

  • Billy Bones||

    Rand Paul is just a sycophant to his Republican masters. They say jump and he doesn't bother asking how high. No different than his approval of Sessions. No respect for him. If I were his neighbor, I would probably kick his ass, too.

  • Just Say'n||

    Rand is such a sycophant that he votes less often with his own party than any other member of the chamber

    www.projects.fivethirtyeight.c.....ump-score/

  • Anastasia Beaverhausen||

    If you're going to make such a statement, at least cite a real website:

    "Sorry, the website www.projects.fivethirtyeight.com cannot be found"

  • OpenBordersLiberal-tarian||

    This is incredibly disappointing. At this rate every Senate Democrat needs to vote against Kavanaugh, and even that might not be enough because the list of Republicans who might do the right thing just got shorter.

    Let me remind everyone what's at stake if Kavanaugh joins the Court. Paraphrasing CNN legal expert Jeffrey Toobin, we're looking at an America in which abortion is banned and doctors are prosecuted, African Americans students are completely locked out of top tier colleges, and LGBTQ+ folks are unable to get service at places of business. What libertarian would find that acceptable?

    I urge everyone to contact your US Senators and tell them to vote NO on Kavanaugh. This country cannot afford a right-wing takeover of the Supreme Court — and certainly not one orchestrated by an illegitimate President.

    #StopKavanaugh

  • Brett Bellmore||

    Human sacrifice, dogs and cats living together, too.

  • Earth Skeptic||

    Mr. Stay-puft?

  • burserker||

    citing jeffrey toobin? lol

  • Fist of Etiquette||

    Paul's announcement today suggests that in his private meeting with Kavanaugh, the SCOTUS nominee signaled his willingness to take a new view of the Fourth Amendment...

    I'm beginning to think we're not appointing principled constitutional scholars to the bench.

  • Bubba Jones||

    I think we are underestimating the role of law clerks who conduct the research and frame the precedent.

  • Leo Kovalensky II||

    It's not like someone would just say what you want to hear for your vote. That would never happen.

  • chipper me timbers||

    ""In reviewing his record," Paul announced today, "and through my conversation with him, I have hope that in light of the new precedent in Carpenter v. United States, Judge Kavanaugh will be more open to a Fourth Amendment that protects digital records and property.""

    I won't hold my breath.

  • Rev. Arthur L. Kirkland||

    Right-wing senator from can't-keep-up state supports right-wing judicial nominee in effort to achieve confirmation before election . . .

  • Rockabilly||

    Rev - are you a snake handler?

  • Rev. Arthur L. Kirkland||

    Nope. I leave the rattlesnake-juggling to superstitious, uneducated right-wingers in desolate communities no sensible person would voluntarily visit.

  • EscherEnigma||

    ... did anyone really believe that Paul wouldn't vote for him?

  • Brett Bellmore||

    I believe McCain won't vote for him.

  • burserker||

    if he makes that long...

  • Atillahn||

    Bwhahahahaha! What a phoney. He does this every time to attract attention, then votes straight repiglican. Stop calling him a libertarian and endorsing his bullshit like he is something different.

  • Rev. Arthur L. Kirkland||

    The main difference between Rand Paul and Ron Paul appears to be a shade less bigotry, although perhaps Rand is just modern enough to recognize he should try to hide it.

  • Deconstructed Potato||

    Rand is controlled by The Hand.

  • Ahaz||

    Surprise surprise! End...sarcasm

  • I am the 0.000000013%||

    I take a more charitable view on Rand's grandstanding (randstanding?).

    I think the Kavanaugh nomination, given the limited amount of time left for a Trump nominee to stand a reasonable chance of getting nominated, really tied Rand's hands.

    Rand's raising the issue of Kavanaugh's 4th amendment shortcomings might hopefully have put that aspect of Kavanaugh on public view for the entirety of his term. I suspect Kavanaugh is now in the position of affirming Rand's statement about his beliefs or publicly saying Rand is wrong, which gives Rand permission to tank his nomination.

    I give Rand a 'well played' on this one.

  • Weigel's Cock Ring||

    It's not that limited because the republicans are still going to have a majority in the senate come January of 2019.

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