As if his hyper-partisan record wasn’t enough, and if the Fox News interview didn’t clinch it, Brett Kavanaugh confirmed his credentials as a far-right operative with his attack on Senate Judiciary Democrats on national television. It’s no surprise he’s championing Trump’s policies as fervently from the bench as he championed himself before the Senate.
On his first day of arguments, during just one case—Nielsen v. Preap—Kavanaugh tried to speak at the same time as other justices—despite the tradition of new justices deferring to established justices—and interrupted each of the lawyers twice.
This case revolves around a statutory provision that permits the government to detain an immigrant convicted of any of a group of specified crimes “when the alien is released” from criminal custody. People detained under this provision are not entitled to a bond hearing; they’re detained for the duration of legal proceedings.
The Supreme Court has to decide when the “when” is in “when the alien is released.” How soon must the government detain a person after they’re released, given that they won’t be given a bond hearing? The Founders believed the prerogative to regain liberty after incarceration important enough to include it in the Eighth Amendment: “Excessive bail shall not be required.” Many argue this presumes a right to bail.