How President Trump’s Supreme Court Pick Could Change the U.S.

11 July, 2018, 01:02 | Author: Denise Dawson
  • A failed litmus test Trump taints his Supreme Court pick with his promise to anti-abortion extremists

Kavanaugh's views on presidential power and abortion are expected to draw particular attention in his confirmation hearing. Two large wooden doors behind the podium slid open and Trump walked out.

A Tuesday headline on Salon, for example, read, "Trump's SCOTUS Reality TV Show: When Networks Help the President Win Ratings, Democracy Loses".

Everything U.S. Circuit Judge Brett Kavanaugh has worked on in this life prepared him for this moment, and there was no way he was going to mess it up.

All face tough re-election races this November in states Trump won easily in 2016.

Hours after President Trump made known his choice to replace retiring Justice Anthony Kennedy with Kavanaugh, Akhil Amar, considered one of America's foremost legal minds, pitched in, calling him a "superb nominee" and warning that any Democratic opposition to him would be a mistake.

Like Trump's first nominee previous year, Justice Neil Gorsuch, Kavanaugh would be a young addition who could help remake the court for decades to come with rulings that could restrict abortion, expand gun rights and roll back key parts of Obamacare.

" Senator Chris Van Hollen, a Democrat, posted a statement to Twitter questioning Kavanaugh's fairness: "Americans deserve a Supreme Court justice who will stand up for liberty and justice for all - not someone picked from a list compiled by right-wing organizations to do their bidding". Conservative political action groups have already announced media campaigns to pressure them to back Kavanaugh.

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The coming battle over a Supreme Court nominee promises to be a bruising one. Indeed, Vox points out, CNN's Jim Acosta reported that the Trump team reviewed these comments by Kavanaugh before choosing him.

Akhil Reed Amar is a professor at Yale Law School.

Kavanaugh also ruled that there was no "right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand", although he based his decision in part on the theory that the delay in obtaining an abortion didn't constitute an "undue burden" whereas his colleague Judge Karen LeCraft Henderson recognized the illegal immigrant had no right to abortion at all. But court watchers agreed that Kavanaugh's track record as an appellate judge is worth studying for signs of his impact on the Supreme Court. When I was 10, she went to law school and became a prosecutor. One senior administration official even called the judge "the low-energy Jeb Bush pick".

On this basis, Kavanaugh believes presidents should be able to focus on their "never-ending tasks with as few distractions as possible". Though the challenge by the plaintiff, an atheist opposing the prayers, was dismissed, Kavanaugh said he did have standing to sue. Two other Republicans, Lisa Murkowski of Alaska and Susan Collins of ME, support abortion rights and maintaining health insurance access for sick Americans - issues likely to be heard by the supreme court.

Republicans hold 51 seats in the 100-member Senate, in which a simple majority is needed to confirm a supreme court pick.

"It will not be forgotten how they vote", said Winkler. "A judge must be independent and must interpret the law, not make the law". The justices who remain on the court include three who have backed broad abortion restrictions and a fourth, Gorsuch, who in all likelihood would.

"Rehnquist's dissenting opinion [in Roe...] stated that under the Court's precedents, any such unenumerated right had to be rooted in the traditions and conscience of our people", Kavanaugh summarized.

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