Is Supreme Court Nomination Brett Kavanaugh, a Threat to Cryptocurrency?
Judge Brett Kavanaugh was recently nominated by President Donald Trump as the next judge to replace former Justice Kennedy’s spot on the Supreme Court. However, this decision has been the subject of much discussion within the cryptocurrency community, due to the way it would create an imbalance in favor of the right wing for many years.
In a statement to the press, President Trump said:
“Judge Kavanaugh has impeccable credentials, unsurpassed qualifications, and a proven commitment to equal justice under the law.”
Some experts are wondering if that “equal justice” will also be applied to the crypto industry.
Net Neutrality and Kavanaugh
The biggest issue that cryptocurrency users have with Judge Kavanaugh is his position on net neutrality, because he believes that it directly conflicts with free speech that is owed to internet providers. In a statement made in 2017, he said:
“Internet service providers may not necessarily generate much content of their own, but they may decide what content they will transmit, just as cable operators decide what content they will transmit.”
Essentially, if internet providers have the option to censor the internet, it could also mean that they have the right to block off cryptocurrency.
One of the other areas of interest that Judge Kavanaugh has supported has been the spy program with the NSA. In 2015, he called the NSA’s collection of phone metadata a “special need,” and placed it at higher importance than privacy for his constituents. Without this privacy, consumers that participate in anonymity-based protocols with Zcash, Monero, and PIVX may be threatened.
Cryptocurrency Under Kavanaugh’s Rule
One litigator in Washington, John Paul Schnapper-Castera, advises many technology companies, but this change has created a difficult situation to predict. He said:
“The legal landscape around cryptocurrencies is still rapidly developing and uncertain in many areas, whether it be at the SEC, in federal courts, or on the Hill. At this point, it is hard to accurately predict what sort of litigation will be most pressing in several years and which will settle or be appealed up to the Supreme Court — let alone how a prospective justice would sway the outcome on a particular issue.”
The legal precedents being set fourth will determine how the future of these kinds of platforms plays out. However, there has yet to be a cryptocurrency case presented to the Supreme Court, so their actual opinion on it is up in the air. The only countries that have even gotten involved with regulating cryptocurrency have been India and Russia. The Indian Supreme Court decided to maintain their restriction on the crypto industry, and the Russian Supreme Court got involved with a local court to have them review an appeal on a blocked website.
Based on what is known about Judge Kavanaugh’s stance with both neutrality and privacy, it may be bad news for cryptocurrency. However, based on how Judge Kavanaugh supports big business and deregulation, blockchain technology may still be a safe bet.
The Political Views of Kavanaugh
Consumers can take note of how Judge Kavanaugh has performed in the past with these types of concerns to try and gauge what the future will bring. There are many Democrats and Liberals who believe that he is the “worst case scenario” type of politician, believing that the decisions that he makes could negatively impact many important issues. Some of the biggest regulations at risk could include women’s rights, LGBT rights, and potentially environmentally-conscious regulations.
Furthermore, Judge Kavanaugh has been vocal about his negative opinion of the Consumer Financial Protection Bureau (CFPB), which the Obama administration established. When interviewed in 2016, Judge Kavanaugh said that he believed that whoever was in charge of the CFPB had nearly the same level of power that the president did. Furthermore, many of Judge Kavanaugh votes for the EPA have been to limit their actions on the environment.
Even with all of this other background, the fact that Judge Kavanaugh supports big businesses is the one chance that the cryptocurrency world has to remain flourishing. However, this deregulatory stance is still opposing to extreme leftist cases. Despite conservative opinions on many issues, Judge Kavanaugh still has not voiced any opinion of cryptocurrency platforms or blockchain technology. Before the public is able to gauge this opinion, they will probably have to wait for the approval of his appointment.