Monday, 24 September, 2018

Partisan Divide Deepens Over Trump’s Supreme Court Pick

Federal appeals Judge Brett Kavanaugh is a longtime judge and former clerk of retiring Justice Kennedy Federal appeals Judge Brett Kavanaugh is a longtime judge and former clerk of retiring Justice Kennedy
Elijah Vega | 12 July, 2018, 18:45

It sounds like a soundbite from a James Carville hit on CNN's Crossfire in 2002.

"With a Justice Kavanaugh on the Supreme Court, we could see reversals of hard-won gains securing equal opportunity in education, employment and housing", the National Association for the Advancement of Colored People (NAACP) said in a statement.

As is tradition, after his meeting Tuesday with McConnell, the nominee will go through Judiciary Committee members before moving onto the broader Senate. The two other branches are represented by the presidency and Congress. "And a president who is concerned about an ongoing criminal investigation is nearly inevitably going to do a worse job as president". He proposed that Congress adopt legislation specifying that the president "is not subject to indictment or information under the laws of the United States while he serves as president".

But Kavanaugh is, I believe, a careful and judicious guy and probably has been all along. Booker (D-NJ) have extrapolated his position into "Get Out Of Jail Free".

President Donald Trump may relish his status as an outsider, but Kavanaugh is anything but.

FILE - Sen. Charles Schumer, D-N.Y., meets with Brett Kavanaugh, right, then-nominee for the D.C. Circuit Court, on Capitol Hill, May 2, 2006.

According to CNN's exit polling taken after the 2017 special election, more than half of Alabama voters in that special election (52%) said abortion should be illegal in all or most cases.

Meanwhile, Senate Democrats were already pushing a coordinated message against Kavanaugh as an unacceptable choice on both policy and political grounds.

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In terms of its impact on the 2018 midterms, the third scenario, which involves the Senate defeating (or at least delaying) Kavanaugh, looks even worse for Democrats. OK, that gives Trump a total of one votes.

The confirmation hearings are going to make the infamous Robert H. Bork hearings seem like a kumbaya session by comparison. (Thomas was confirmed in 1991, Trump and Ivana split up in 1992).

Trump critics might argue that the other four judges don't have to be corrupt, just authentically conservative.

Democrats also are raising red flags over Kavanaugh's past writing that suggests investigations of sitting presidents are a distraction to executive branch leadership. Well, if it's possible to rule on behalf of Trump for legitimate legal reasons, isn't it also possible that Kavanaugh shares that legitimate view based on his principled jurisprudence?

"This could be the presidency with the most Supreme Court picks of any presidency in history", Trump said during an appearance in Virginia more than a year before becoming president.

This would be the flawless time for Democrats to admit the shortsightedness of their earlier love affair with increased federal government power, and to rediscover the logic behind the separation of powers and limits on government found in the U.S. Constitution.

Senate majority leader Chuck Schumer is going to have enough trouble getting all Red-State Democrats to vote against Kavanaugh, let alone getting any Republicans to vote no. In one especially revealing and controversial 2010 case, he and Judge Janice Rogers Brown concluded that, notwithstanding the Hamdi decision, the courts should ignore worldwide law - even the possibility that a detention might violate such law - in construing Congress's authorization of the executive to hold the Guantanamo detainees. "But he'll be able to handle it, and I have every confidence he'll be confirmed", Hatch said. Clinton and Obama, like Trump, found themselves with open seats in their first year and a half in office but never got to fill another opening.

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