In recent days, there has been a strong media push for Raymond Kethledge to be Trump’s choice to replace retiring Justice Anthony Kennedy.
Judge Kethledge is currently a Circuit Judge for the Sixth Circuit Court of Appeals. He was nominated by George W. Bush in 2007 and confirmed a year later.
The Sixth Circuit has a reputation for not only being too liberal, but being so liberal that they are reversed more often than any other court. According to Mark Walsh of ABA Journal:
Conservatives decry the 9th Circuit’s perceived liberal bent. As candidates for the 2012 Republican presidential nomination, Newt Gingrich practically recommended abolishing the circuit, while Rick Santorum suggested that its judges be banished to Guam.
But more recently, another federal circuit has reigned as the most reversed. The 6th Circuit, based in Cincinnati, has had a particularly dismal record before the high court. In the seven Supreme Court terms completed since the fall of 2005, the 6th Circuit has been reversed 31 out of 38 times, for an 81.6 percent reversal rate, based on figures compiled by two Philadelphia lawyers. That leads all the federal circuits for that time period, with the 9th Circuit coming in as the second most reversed—100 out of 128 cases, or 78.1 percent.
“Is the Sixth the New Ninth?” asked the Volokh Conspiracy blog in February 2011. That same month, the Cincinnati Enquirer said the 6th Circuit was “suffering through a major slump” and “keeps getting the law wrong.” Those observations appeared before the 6th Circuit was reversed five more times in the spring of 2011, not to mention the five (out of five) of its decisions reversed in the Supreme Court’s 2011-12 term.
Despite being a presiding Judge for one of the most controversial circuit courts in the nation, Kethledge seems to be a media favorite.
Judge Raymond Kethledge is being increasingly portrayed as the “consensus” or “compromise” candidate for the Supreme Court in media descriptions of President Donald Trump’s decision making process, suggesting his inevitability despite concerns over such a pick among Trump’s base.
“As Donald Trump moves to finalize his Supreme Court pick, Judge Raymond Kethledge is getting a behind-the-scenes push portraying him as the consensus choice of conservatives,” Politico reported Thursday, citing positive interviews and support by conservatives like Hugh Hewitt, many of whom are strongly linked with “Never Trump” sentiments.
According to Breitbart, Mitch McConnell has joined in the push for Kethledge, which makes his nomination more probable if not certain.
Senate Majority Leader Mitch McConnell is pushing for Judge Ray Kethledge to be President Donald Trump’s nominee for the Supreme Court vacancy opened by the retirement of Justice Anthony Kennedy, Breitbart News has learned.
McConnell has, in private conversations, said he is pushing Trump to pick Kethledge for the slot because he thinks Kethledge’s positions in contravention of the GOP base on certain issues like immigration would make him an easily-confirmed nominee in an election year.
So McConnell would rather compromise on important issues like immigration, and appoint a permanent enemy of the constitution, than to potentially lose seats in an election year.
Make no mistake. Kethledge would receive a large number of confirmation votes from Senate Democrats, because of his track record as a friend of the establishment. So McConnell is right in his thinking that he might be an easy confirmation. But at what cost Senator?
Do you really want to put a 51 year old man, who is an enemy of immigration law, into a permanent position in our Supreme Court?
Some say that Kethledge would support open borders. Though that is largely unknown and unsubstantiated, he does have a record of being very lenient on immigration issues.
Kethledge also reversed a deportation order of a CRIMINAL ALIEN who had lied about a drug conviction and been convicted of grand theft auto, which Kethledge argued was not an aggravated felony. Van Don Nguyen v. Holder, 571 F.3d 524 https://t.co/dldlRROKSR
— Ann Coulter (@AnnCoulter) July 4, 2018
Nguyen, a Vietnamese immigrant, stole a car and was found to also be in possession of cocaine. A deportation was ordered.
Kethledge sided with fellow 6th Circuit Justice Gilbert Merritt to reverse the decision and allow Nguyen to stay. The court opinion, with additional background, can be read here.
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For those in America who want strict enforcement of immigration law, Judge Raymond Kethledge is not a good choice for the Supreme Court.
Not that the media and establishment politicians care what Americans want. They feel we are simply too stupid to know what’s good for us.
What say you America? Do you want this guy in your Supreme Court for the next 20 or more years?