One of Donald Trump’s biggest victories was the Senate confirming Brett Kavanaugh and Neil Gorsuch to the Supreme Court.
But now all of that is in jeopardy.
And that’s because Brett Kavanaugh made one surprise decision that left Donald Trump speechless.
One case the Supreme Court heard this term was an appeal by the state of Kansas to overturn a 2017 state Supreme Court ruling that threw out the convictions of three illegal aliens for providing fraudulent social security numbers to their employers.
The Kansas State Supreme Court claimed the 1986 Immigration Reform and Control Act blocked the states from prosecuting immigration law violations.
The court’s four liberal justices naturally sided with the lawyers for the illegal aliens.
However, that would not be enough.
Open borders activists need one conservative justice to defect to achieve victory.
And shockingly the one conservative justice that hinted during oral arguments that they could be swayed to vote with the court’s four liberals was none other than Brett Kavanaugh.
Kavanaugh appeared to express sympathy with the arguments put forth by the illegal aliens’ lawyers.
The Trump pick gave the impression he agreed with the illegal aliens’ claim that the state of Kansas prosecuting them for fraudulent social security numbers infringed upon the federal government’s ability to enforce immigration law.
“So the states would, in essence, be able to go after unauthorized employment in a pretty substantial way, notwithstanding what Congress said about giving the federal government the role with employment verification,” Kavanaugh declared.
The court’s other four conservative justices weren’t buying what the illegal aliens’ lawyers were selling.
“What is the conflict? The federal government doesn’t say this is contrary to our enforcement priorities,” Justice Samuel Alito argued.
The state of Kansas agreed.
They contended that upholding the State Supreme Court vacating these convictions would carve out for illegal aliens’ immunity from criminal prosecution that no one else enjoyed.
The state of Kansas’ court filing argued that “unauthorized aliens would enjoy a favored status, with immunity from state prosecution for violating criminal statutes that apply to everyone else.”
This case – as all high profile and controversial cases do – highlights the disadvantage conservatives face at the Supreme Court.
The four liberal justices are not really judges.
They are automatic votes for every Democrat policy priority.
There has never been a five to four case where the swing vote is a liberal judge siding with conservatives to deliver a victory that the right can celebrate.
The most hotly contested Supreme Court cases always come down to the ability of the liberal judges to sway a conservative justice to their side.
While right now Republican appointees outnumber Democrat appointees five to four, that does not mean the conservative majority is ironclad.
And that has led to crushing defeats for conservatives in key cases like the Trump census citizenship question or any of the numerous challenges to Obamacare.
Justices’ questions in oral arguments are not always indicative of how they will vote in the end.
Kavanaugh could still vote right and defend American sovereignty and the right for states to crack down on magnets for illegal immigration.
Great American Daily will keep you up to date on any new developments in this ongoing story.
