Fox News senior judicial analyst Judge Andrew Napolitano said he hopes Justice Brett Kavanaugh voted against hearing a case on Planned Parenthood for the right reasons, on “Fox & Friends” Tuesday.
Kavanaugh joined the other four liberal justices on the court and Chief Justice John Roberts, in declining to hear a case involving funding for the abortion group. It only take four votes for the court to take up a case but only Justices Thomas, Alito and Gorsuch voted yes.
“The rule on asking for permission to appeal is four justices can compel all nine to hear the case. In this case it was three to six,” Napolitano said. “Six Justices said we don’t want to hear it. Three did. What’s unique is the three who did wrote a dissent. This is very, very rare.”
“And they chide it without mentioning him by name they were chiding their junior Catholic pro-life colleague Brett Kavanaugh,” he added.
Napolitano said he hopes Kavanaugh isn’t trying to prove to his detractors he’s open minded and trusts he voted with “intellectual honesty.”
“Did Brett Kavanaugh vote this way to demonstrate to Dianne Feinstein that he’s open minded? I hope not,” Napolitano declared. “I hope he vote with the intellectual honesty. That’s why we give judges and justices, I once had this, life tenure, so they can be perfectly intellectually honest and not worry about what the politicians or editorial writers or TV commentators or public think.”
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