Brett Kavanaugh picked for Supreme Court by President Trump
- Author: Leroy Wright Jul 10, 2018,
Jul 10, 2018, 21:12
Writing for the Minnesota Law Review in 2012, in an article titled "Separation of Powers During the Forty-Fourth Presidency and Beyond", Kavanaugh said his experience working for the Bush White House made him realize being president is "far more hard than any other civilian position in government". But the president in recent days seemed to narrow his shortlist for the court down to two other appellate judges, Brett Kavanaugh and Thomas Hardiman.
Sen. Angus King (I): "It's troubling that the president's search for a potential Supreme Court justice seemed to start and end with a list of names supplied by an outside group".
"Not being a politician, I think people wanted to hear what some of my choices may be, and it was pretty effective", Trump said of the list, on the day Kennedy's retirement was announced. "Substantively, a debate continues to bubble about whether a Supreme Court nominee's judicial philosophy is a fair basis for inquiry by the Senate (and for voting against a nomination), or whether the confirmation process should focus only on whether a nominee meets objective criteria pertaining to qualifications, temperament, ethical propriety, and the like", he wrote.
The Kentucky Republican faces a challenge in winning Kavanaugh's confirmation. "The majority's decision represents a radical extension of the Supreme Court's abortion jurisprudence", he complained, suggesting that noncitizens - who are very much entitled to the auspices of the Constitution, even when in custody - aren't entitled "to obtain immediate abortion on demand". Senate Republicans hold only a 51-49 majority, leaving them hardly any margin if Democrats hold the line. Fox News was a close second to CBS past year when Trump nominated Neil Gorsuch in a similar prime-time show, but that was on a winter night when many CBS viewers were probably anticipating a new episode of "NCIS".
Trump also hopes to pressure several Democrats into voting to confirm his nominee.
Senate Majority Leader Mitch McConnell, R-Ky., dismissed Democratic and liberal concerns over the president's nominee as hyperbole that will not persuade the American people.
"What matters is not a judge's political views, but whether they can set aside those views to do what the law and constitution require", Trump said in a speech unveiling Kavanaugh as his nominee.
Updated today, July 9, 2018, at 9:19 p.m. with new information throughout.
Trump, a former reality television star, kept the tension going until the final moments, and refused to give anyone around him a straight answer on who the final pick was.
Republicans may have a narrower margin for error than they did when the Senate confirmed Trump's first Supreme Court nominee, Neil Gorsuch, by a vote of 54-45 in April 2017. Kavanaugh would be less receptive to abortion and gay rights than Kennedy was.
By now the White House Supreme Court pick rollout machine is well oiled. Heidi Heitkamp of North Dakota, Joe Donnelly of IN and Joe Manchin of West Virginia. His father, also a lawyer, was mentioned merely for inspiring the nominee's love of sports, which Kavanaugh says he has passed on to his young daughters, whose basketball teams he coaches.
Kyl, a former member of Republican leadership, served on the Senate Judiciary Committee before retiring from the Senate in January 2013. Both senators said in statements Monday night that they look forward to their in-person meetings with Kavanaugh. Following a brief period in private law practice, he became President George W. Bush's White House Counsel and then Staff Secretary before he was nominated to be a Federal Judge.
In Poland, another ruler of authoritarian bent, Jaroslaw Kaczynski, leader of the Leaw and Justice Party, has launched a frontal assault on that nation's Supreme Appellate Court.
In his dozen years on the court, Kavanaugh has been involved in some 286 opinions.
Democrats' hopes are pinned on two Republican senators, Susan Collins of ME and Lisa Murkowski of Alaska, who both oppose any nominee who threatens the landmark Roe v. Wade ruling recognizing abortion as a constitutional right.