Supreme Court nominee Brett Kavanaugh "sticks to the law", former clerk says

Elias Hubbard
July 11, 2018

Through the two public appearances, Kavanaugh followed the standard Supreme Court nominee rule of thumb to be seen but not heard, smiling and ignoring shouted questions from reporters, including one from ABC's Jon Karl about whether he thinks he can overcome Democratic opposition.

Pence said he was confident that the members of both parties, as well as the American people, would come to realize that Kavanaugh "is quite simply the most qualified and the most deserving nominee to the Supreme Court of the United States". Since 2006, he has served on the U.S. Court of Appeals for the D.C. Circuit.

In a law review article a decade ago, Kavanaugh suggested that Congress "provide sitting presidents with a temporary deferral of civil suits and of criminal prosecutions and investigations".

In essence, Kavanaugh argued that he could not rule on the case because the Anti-Injunction Act of 1867 did not allow judges to rule on the legality of a tax before it was imposed. Others have seen an even deeper ulterior motive in the choice of a man who is seen as a Bush loyalist, a fact that should have put off Trump: Kavanaugh sees the USA presidency as such a unique and challenging job that he believes the White House occupant should be shielded from indictment, prosecution, or interrogation while in office. "Justice Kennedy devoted his career to securing liberty".

Top contenders had included federal appeals judges Raymond Kethledge, Amy Coney Barrett, and Thomas Hardiman.

Brett worked for George W. Bush in 2001. But his supporters have cited his experience and wide range of legal opinions. Corker took a harder line.

"This incredibly qualified nominee deserves a swift confirmation and robust, bipartisan support", Trump said.

Some Republican senators had favored other options.

In the dissent, Kavanaugh said the mandate was "a law that is unprecedented on the federal level in American history" and called the penalty for people not buying insurance "jarring". He has gone so far as to say a president if he declares a law unconstitutional doesn't have to obey it.

The White House would love to have the Democrats' votes for confirmation. Democrats who were invited but declined included Sens.

Manchin also supported Gorsuch, and Republicans will be looking to win his vote on Kavanaugh as well. Chris Coons said at a press conference Tuesday along with other Democrats on the Senate Judiciary Committee.

Trump published a similar list during the 2016 campaign, and it was widely credited with helping him win the votes of social conservatives who otherwise might have been skeptical of a thrice-married billionaire from NY.

And Kentucky Republican Sen. Susan Collins of ME and Lisa Murkowski of Alaska. At the top of that list is abortion. Collins has said she will not vote for a nominee who would overturn the Supreme Court's landmark 1973 decision, Roe versus Wade, that legalized abortion nationwide.

Justice-designate Kavanaugh, on the other hand, would ensure faithful adherence to the Constitution.

LLC v. EPA. The Supreme Court cited Kavanaugh's dissent in MI v. EPA, when it reversed the D.C. Circuit's decision upholding the standards.

"The law itself created a perverse structure that was inconsistent with foundational principles of separation of powers and that created problems for both the president and the independent counsel", he wrote.

Democrats are likely to confront Kavanaugh with those words when he sits for his confirmation hearing. In 2003, he served as Assistant to the President as the White House Staff Secretary, according to SCOTUS Blog. That view has particular relevance as special counsel Robert Mueller is looking into Russian meddling in the 2016 election and whether the Trump campaign played any role in a foreign interference plot. But in a 2017 case involving a teen in immigration custody who was seeking an abortion, he wrote the dissenting opinion that would have given the government more say.

"President Trump said he was going to put somebody on the court who was going to overturn Roe v. Wade and make abortion illegal and take away preexisting conditions and that's what he's got", Sen. That's Republicans and Democrats alike.

Kavanaugh will begin making the rounds on Capitol Hill on Tuesday, accompanied by former Sen. He works for the Washington-based lobbying firm Covington & Burling. If you're going to do something unsafe in this emergency situation, it should be something that might actually make a difference. CNN reported no Democrat lawmakers were in the East Room when Trump made his announcement. He called it the "fruit of a corrupt process straight from the D.C. swamp".

The appellate court judge's first, well-photographed stop: Senate Majority Leader Mitch McConnell's office.

Elected officials in NY, including Senate Minority Leader Charles Schumer, Sen.

"The Supreme Court will ultimately decide if almost 800,000 West Virginians with pre-existing conditions will lose their health care", he said on Twitter.

Some of the protesters got on 5th Ave. and laid down on the roadway in front of Trump Tower.

After about 30 minutes, some of the protesters, including Brooklyn City Councilman Jumaane Williams, were arrested. While President Trump has made his loyalty to corporations and disdain for women and minorities known over the past 18 months, the confirmation of a justice who shares his loyalties will leave a permanent imbalance on the court and could erode the rights of millions.

Other reports by Click Lancashire

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